Hazari vs M.P.Madhya Kshetra Vidhyut ...
2023 Latest Caselaw 9628 MP

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                  ON THE 26 th OF JUNE, 2023
                                             CRIMINAL APPEAL No. 599 of 2011

                          BETWEEN:-
                          HAZARI S/O DHANALAL, AGED ABOUT 68 YEARS,
                          OCCUPATION:   AGRICULTURIST  VILL.KANAPUR,
                          TEH.SHEOPUR (MADHYA PRADESH)

                                                                                         .....APPELLANT
                          (BY SHRI F.A.SHAH, LEARNED COUNSEL FOR THE APPELLANT)

                          AND
                          M.P.MADHYA KSHETRA VIDHYUT VITRAN CO.LTD.
                          SHEOPUR DISTRICT SHEOPUR (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (BY SHRI NAROTTAM SHARMA,                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

08.07.2011 passed by Special Judge Electricity Act, Sheopur Distt. Sheopur in Special Case No.128/2011 convicting the appellant under Section 135 (1)(kha) of the Electricity Act and sentencing him to suffer six months RI with fine of Rs.10,000/- with default stiputlation.

Brief facts necessary for disposal of this appeal are that on 15.03.2008 during inspection appellant was found using electricity despite disconnection, thereby found committing theft of electricity. Complaint was filed. After trial,

Signature Not Verified appellant has been convicted as aforesaid. Signed by: YOGENDRA OJHA Signing time: 6/27/2023 11:23:19 AM

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 15.03.2008 and appellant has been facing agony of trial for the last 15 years. 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 (1)(kha) of the Electricity Act, subject to deposit of fine amount of Rs.10,000/-, his jail sentence is reduced till rising of the Court.

With the aforesaid, the appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/27/2023 11:23:19 AM