Ramswaroop Dhakad vs M.P.Madhya Kshetra Vidyut Mandal ...
2023 Latest Caselaw 9128 MP

                                                              1
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      BEFORE
                                   HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                   ON THE 19 th OF JUNE, 2023
                                               CRIMINAL APPEAL No. 49 of 2011

                            BETWEEN:-
                            RAMSWAROOP DHAKAD S/O CHARNU DHAKAD R/O
                            MALVARV THANA POHARI, DISTT. SHIVPURI (MADHYA
                            PRADESH)

                                                                                           .....APPELLANT
                            (BY SHRI V.K.AGRAWAL - ADVOCATE)

                            AND
                            1.    M.P.MADHYA KSHETRA VIDYUT MANDAL
                                  POHARI DISTT. SHIVPURI (MADHYA PRADESH)

                            2.    COLLECTOR / DISTRICT MAGISTRATE STATE OF
                                  M.P. (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                            (BY SHRI RINKESH GOYAL, LEARNED COUNSEL FOR THE
                            RESPONDENT)

                                  Th is appeal coming on for hearing this day, t h e court passed the
                            following:
                                                               ORDER

This appeal has been filed by the appellant against the judgment dated 22.12.2010 passed by Fourth Additional Sessions Judge (Fastrack) and Special Judge Electricity Act, Shivpuri Distt. Shivpuri in Special Case No.02/2010 convicting the appellant under Section 135 of the Electricity Act and sentencing him to suffer six months RI with fine of Rs.35,000/-.

Brief facts necessary for disposal of this appeal are that on 16.06.2009 during inspection appellant was found using electricity despite disconnection, Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/19/2023 5:29:15 PM

thereby found committing theft of electricity. Complaint was filed. After trial, appellant has been convicted as aforesaid.

Learned counsel for the appellant/accused submitted that he does not want to challenge the conviction of the appellant for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the appellant that incident took place on 16.06.2009 and appellant has been facing agony of trial for the last 15 years. Learned counsel for the appellant in open Court submits that he has already deposited a sum of Rs.35,000/- due on appellant as electricity charges/fine. Therefore, jail sentence of the appellant may be reduced till rising of the Court on such terms and condition this Court deems fit and

proper.

Learned counsel for the respondent supported the impugned judgment. Heard learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case, while maintaining the conviction of the appellant under Section 135 of the Electricity Act, subject to deposit of further amount of Rs.5,000/-, his jail sentence is reduced till rising of the Court.

With the aforesaid, the appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/19/2023 5:29:15 PM