Devendra Singh Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 2469 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                 BEFORE NATIONAL LOK ADALAT
               HON'BLE SHRI JUSTICE ROHIT ARYA
                               &
             SHRI J.D. SURYAVANSI, SENIOR ADVOCATE
                   ON THE 11 th OF FEBRUARY, 2023
                 CRIMINAL APPEAL No. 10453 of 2022

BETWEEN:-
DEVENDRA SINGH YADAV S/O LOKENDRA SINGH,
AGED ABOUT 24 YEARS, OCCUPATION: LABOURER R/O
VILLAGE HARLAL KA PURA KELARAS, DISTRICT
MORENA (MADHYA PRADESH)

                                                              .....APPELLANT
(BY SHRI RAHUL JHA - ADVOCATE )

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION KELARAS, DISTRICT MORENA (MADHYA
PRADESH)

                                                           .....RESPONDENTS
(BY SMT. PADMSHRI AGARWAL - PANEL LAWYER WITH SHRI RAJENDRA
BHARGAV - ADVOCATE FOR MADHYA PRADESH MADHYA KSHETRA
VIDYUT VITRAN COMPANY LIMITED AND SHRI RAJESH DWIVEDI - DGM
OF THE COMPANY )

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

This Criminal Appeal is directed under Section 374 of Cr.P.C. against the judgment dated 31/10/2022 passed by Special Judge (under the Electricity Act, 2003), Sabalgarh, District Morena (Madhya Pradesh) in Special Electricity Case No.89/2017, whereby the appellant has been convicted for offences under Sections 379, IPC and 136 of the Act and sentenced only under section 136 of

the Act to undergo R.I. for six months with fine of Rs.1000/- in default to suffer R.I. for 1 month.

The alleged offence is of the year 2017. More than five years' period has passed by since the date of alleged offence. The offence is of trivial nature.

Under such circumstances, ends of justice shall be subserved if the appeal is disposed of with enhancement in fine amount and the same may be adjusted against the sentence awarded.

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

T h e convictions of appellant as awarded by the trial Court are

maintained. However, the custodial sentence is set aside. Further, the fine imposed by the trial Court, is enhanced by Rs.2,500/- (Rupees Two Thousand and Five Hundred only) payable to the Madhya Pradesh Madhya Kshetra Vidyut Vitran Company Ltd. (MPMKVVCL). The appellant shall deposit the said enhanced fine amount (Rs.2500/-) with the MPMKVVCL and produce its receipt before the trial Court within thirty days' from today, failing which he shall undergo the default sentence as awarded by the trial Court. The fine imposed by the trial Court, shall be deposited with the trial Court, if not already deposited.

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
(and)

          ANAND
          SHRIVASTAVA
          2023.02.16
          10:59:55 +05'30'