Imrat Lal Kirar vs Madhya Pradesh State Electricity ...
2023 Latest Caselaw 4385 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                               ON THE 20 th OF MARCH, 2023
                                            CRIMINAL APPEAL No. 678 of 2008

                          BETWEEN:-
                          IMRAT LAL KIRAR S/O S/O SHRI CHANDAN SINGH
                          KIR AR , AGED ABOUT 51 YEARS, OCCUPATION: R/O
                          VILLAGE CHAURAKEDI, TEH. RADHOGARDH DISTT.
                          GUNA (MADHYA PRADESH)

                                                                                         .....APPELLANT
                          (BY SHRI VINOD PATHAK- ADVOCATE)

                          AND
                          MADHYA PRADESH STATE ELECTRICITY BOARD
                          JUNIOR ENGINEER, VIDHUT VITRAN KENDRA M.P.
                          STATE ELECTRIC BOARD, GUNA (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (BY SHRI RAJENDRA BHARGAVA- ADVOCATE)

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

In compliance of order of this Court, reported from police station Jamner, District Guna, dated 12-02-2023 has been received in which it has been mentioned that the present appellant is still alive and is living now in Village Chodakhedi.

Instant criminal appeal has been preferred by appellant Imrat Lal Kirar against the judgment of conviction dated 25-08-2008 passed by Special Judge (Electricity), Guna in Case No.249 of 2006, by which the appellant has been convicted under Section 138(B) of the Electricity Act, 2003 and sentenced to Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/20/2023 5:58:34 PM

undergo six months rigorous imprisonment.

At the threshold, learned counsel for the appellant submits that he doe not challenge the finding of conviction but since the incident took place as back as in the year 2006, during trial the appellant was on bail and after passing of the impugned judgment, the jail sentence of the appellant has already been suspended by this Court vide order dated 19-09-2008, therefore, the conviction of appellant for aforesaid offence under the Electricity Act may be reduced from six months rigorous imprisonment by imposing fine amount to the tune of Rs. 10,000/- which shall be deposited by the appellant within a period of two months from the date of receipt of copy of this judgment.

On the other hand, learned counsel for the respondent supported the impugned judgment of conviction and prayed for its dismissal.

Heard learned counsel for the parties. In view of arguments advanced by learned counsel for the parties as well as on perusal of documents available on record as well as the aforesaid facts of the case, this appeal is partly allowed. The conviction of appellant for aforesaid offence under the Electricity Act is reduced from six months rigorous imprisonment by imposing fine amount to the tune of Rs.10,000/- which shall be deposited by the appellant before the MP State Electricity Board within a period of two months from the date of receipt of copy of this judgment.

Let a copy of this judgment along with record be sent to the Court concerned for information.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/20/2023 5:58:34 PM

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/20/2023 5:58:34 PM