Nawab Singh vs State Of M.P.
2023 Latest Caselaw 9041 MP

                                           1

        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                                      BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                         ON THE 19th OF JUNE, 2023

                   CRIMINAL APPEAL NO.144 OF 2011

       BETWEEN:-

       NAWAB SINGH S/O BABULAL, AGED 46
       YEARS, R/O GRAM GOKANDA, TEHSIL-
       NARWAR, DISTRICT- SHIVPURI (MADHYA
       PRADESH)
                                                                 ........APPELLANT

       (BY SHRI MUKESH SHARMA- ADVOCATE)

       AND

       MADHYA PRADESH VIDYUT MANDAL
       VITRAN      KENDRA,    KHERAGHAT,
       DISTRICT- DATIA (MADHYA PRADESH)


                                                               ........RESPONDENT

       (BY SHRI RAJENDRA BHARGAVA- PUBLIC PROSECUTOR)

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       This appeal coming on for orders this day, the Court passed the
following:
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                                   JUDGMENT

This appeal is pending since 2011. This appeal has been filed by the appellant against the order dated 03/02/2011 passed by Special Judge (Electricity Act), Karera, District- Shivpuri (M.P.) in Special Case

No.448/2009, whereby the appellant has been convicted and sentenced as under:-

    Section         Sentence             Fine (Rs.)        Default
                                                        Stipulation
    135of         3 Months RI     Rs.62,166/- by way of 10 days RI
Electricity Act                       compensation

Allegation against the appellant is that appellant was using electricity illegally and committed theft of electricity without taking electricity connection. On the basis aforesaid, FIR was registered against the appellant. After trial, appellant was convicted and sentenced as mentioned above.

Learned counsel for the appellant submits that incident is of the year 2009 and more than 14 years have lapsed. Appellant has suffered 22 days' of incarceration. Learned counsel for the appellant confined his argument only to the point of sentence and prays that the sentence awarded to him be modified to the extent that period already undergone by him would be sufficient to meet the ends of justice.

Learned counsel for the respondent while opposing the appeal has submitted that the learned trial Court has arrived on the appropriate findings and rightly passed the impugned judgment of conviction and sentence.

Looking to the facts and circumstances of the case, ends of justice would meet while reducing the jail sentence of the appellant to the period already undergone by him, Accordingly, while affirming the conviction of the appellant for the offence under Section 135 of Electricity Act, jail sentence of the appellant is reduced to the period already undergone by him and looking to the peculiar facts and circumstances of the case, compensation amount imposed by the trial

Court is also reduced to Rs.30,000/- in place of amount of Rs.62,166/- which shall be deposited by him before the trial Court within a period of two months with an undertaking that if he fails to deposit the fine amount then he shall suffer the sentence as awarded by the trial Court.

In view of the above, this appeal is finally disposed of. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE RAHULrahul SINGH Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde

PARIHAR 4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9 D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.06.23 14:40:11 +05'30'