Harbhajan vs Madhya Pradesh Madhya Kshetra ...
2023 Latest Caselaw 4387 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. 32 of 2010

                          BETWEEN:-
                          HARBHAJAN S/O BAIJNATH MEENA, AGED ABOUT 50
                          YEARS, R/O VILLAGE DEDLA, P.S.CHANCHODA, DISTT.
                          GUNA (MADHYA PRADESH)

                                                                                           .....APPELLANT
                          (BY SHRI GAGAN SHARMA - ADVOCATE)

                          AND
                          MADHYA PRADESH MADHYA KSHETRA VIDYUT
                          VITRAN CO. LTD. THROUGH JUNIOR ENGINEER SHRI
                          S.S.  YADAV,  VITRAN  KENDRA,    CHANCHODA,
                          DIVISIONAL HEAD QUARTER RAGHOGARH DISTRICT
                          GUNA (MADHYA PRADESH)

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

                                   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 under Section 374 of Cr.P.C. being aggrieved by the judgment dated 22.12.2009 passed by the Special Judge (Electricity Act), Chanchoda District Guna in Special S.T.No.207/2007, whereby appellant has been convicted under Section 138(B) of the Electricity Act and sentenced to undergo six months RI with fine of Rs.1,000/- by the trial Court.

Prosecution case, in short is that on 21.03.2007 complainant alongwith inspection team reached at village Dedla, where it was found that the Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/20/2023 9:27:21 PM

appellant/accused was committing electricity theft. The complainant prepared panchnama and described the fact of theft therein. As per assessment of electricity theft committed by the appellant/accused, final order for amount of Rs. 24938/- has been issued and served on the appellant requiring to deposit the same but the appellant did not deposit said amount. Hence, complaint has been filed before learned trial Court.

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 appellant has already suffered sufficient jail incarceration. He has been facing

rigors of judicial proceedings since 2009. Therefore, while enhancing the fine amount suitably, sentence of the appellant be reduced to the period already undergone by him.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the appellant to the period already undergone by him, the fine is enhanced to Rs.5,000/- under Section 138(B) of the Electricity Act, jail sentence o f the appellant is reduced to the period already undergone by him and fine amount is enhanced to Rs.5,000/- which shall be deposited by him within a period of one month from today, failing which the appellant will have to suffer the sentence as awarded by the trial Court.

With the aforesaid, the appeal stands disposed of.

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/20/2023 9:27:21 PM

(DEEPAK KUMAR AGARWAL) JUDGE Adnan

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/20/2023 9:27:21 PM