Citation : 2023 Latest Caselaw 3077 MP
Judgement Date : 20 February, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 20 th OF FEBRUARY, 2023
CRIMINAL REVISION No. 751 of 2010
BETWEEN:-
RAJENDRA KUMAR S/O S/O SUKHDAYAL , AGED ABOUT
30 YEARS, OCCUPATION: MAJDOORI, R/O KANAWAR
ROAD GRAM UMRI DISTT.BHIND (MADHYA PRADESH)
.....PETITIONER
(BY SHIR R.N.SHARMA - ADVOCATE)
AND
STATE OF M.P. (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI KAUSHALENDRA SINGH -PUBLIC PROSECUTOR)
Th is revision coming on for hearing this day, th e court passed the
following:
ORDER
Petitioner preferred this revision aggrieved by the judgment of trial Court as well as appellate Court who found guilty of Section 39 of Electricity Act.
Trial Court convicted him and punished for 6 months R.I. and fine of Rs.1000/- .
Learned counsel for the petitioner does not want to press this petition on merits and prays that in lieu of sentence fine should be enhanced. Incidence is of 26.08.2012. 21 years have been lapsed facing judicial process.
Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the record.
Signature Not Verified Signed by: SUBASRI MANI Signing time: 21-Feb-23 10:35:40 AM
In view of the arguments advanced by the counsel for the petitioner and after perusing the record, the incident is of the year 2012, about 21 years has been passed, in these situation, in lieu of sentence of six months imposed under Section 39 of electricity Act is reduced to the period already undergone by him, enhancing the fine amount from Rs.1000/- to Rs.10,000/- which shall be paid to the complainant by way of compensation.
The amount of compensation be deposited in the trial Court within one month from the date of receipt of certified copy of this order, failing which petitioner shall undergo the original sentence awarded by the trial Court. The petitioner is on bail, in case the fine amount is deposited by him, his bail bonds
stands discharged.
With the aforesaid, the revision stands disposed of.
(DEEPAK KUMAR AGARWAL) JUDGE mani
Signature Not Verified Signed by: SUBASRI MANI Signing time: 21-Feb-23 10:35:40 AM
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