Jugraj vs State Of M.P.
2023 Latest Caselaw 2466 MP

                                    1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                        BEFORE LOK ADALAT
               HON'BLE SHRI JUSTICE ROHIT ARYA
                                &
             SHRI J.D. SURYAVANSI, SENIOR ADVOCATE
                    ON THE 11 th OF FEBRUARY, 2023
                   CRIMINAL APPEAL No. 526 of 2011

BETWEEN:-
JUGRAJ S/O RAMKUMAR GURJAR, AGED 32 YEARS,
CASTE GURJAR, R/O GRAM PAHELA, THANA KARAHAL,
DISTRICT SHEOPUR (MADHYA PRADESH).

                                                                  .....APPELLANT
(BY SHRI PAWAN VIJAYWARGIYA - ADVOCATE)

AND
MADHYA PRADESH            RAJYA     VIDHYUT      MANDAL,
SHEOPUR.

                                                                .....RESPONDENT
(BY SHRI RAJENDRA BHARGAVA - ADVOCATE WITH SHRI RAJESH
DWIVEDI - D.G.M. OF RESPONDENT COMPANY)

      This appeal coming on for conciliation this day, the Bench passed the
following:
                                     ORDER

This Criminal Appeal is directed under Section 374 (2) of Cr.P.C. against the judgment dated 28.06.2011 passed by the Special Judge (under the Electricity Act, 2003) Sheopur, Madhya Pradesh in Special Electricity Case No.9/2011, whereby the appellant has been convicted for offence under Section 135(1)(a) of the Electricity Act, 2003 (hereinafter shall be referred to as the Act) and sentenced to undergo R.I. for six months.

Undisputedly the offence alleged is compoundable in nature.

The alleged offence under Section 135 (1)(a) of the Act is of the year 2005, the impugned judgment and instant appeal are of the year 2011. Almost 17 years' period has passed by since the date of alleged offence.

Under such circumstances, parties agree that the appeal may be disposed of with deposit of fine and the same may be adjusted against the sentence awarded.

Prayer accepted.

Accordingly, present appeal stands disposed of with the following consent order :

The conviction of appellant under Section 135 (1)(a) of the

Act is maintained. However, the custodial sentence is set aside. Further, the appellant is directed to deposit the fine amount of Rs.2,000/- (Rupees Two Thousand only) with the respondent- Company and produce its receipt before the trial court within thirty days' from today, failing which he shall undergo R.I. for one month.

Rest of the impugned judgment is kept intact.

Appellant is on bail. Subject to depositing the fine amount, his bail bonds shall stand discharged.

        (ROHIT ARYA)                                               (J.D. SURYAVANSI )
           MEMBER                                                      MEMBER
   SP

SANJEEV
KUMAR PHANSE
2023.02.17
16:54:10 +05'30'