Lal Singh vs M.P.Madhya Kshetra Vidyut Vitran ...
2023 Latest Caselaw 4389 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. 162 of 2010

                          BETWEEN:-
                          LAL SINGH S/O HIRA LAL KUSHWAH , AGED ABOUT 55
                          Y E A R S , OCCUPATION: AGRICULTURE,R/O GRAM
                          KATHEGARA,TEH.&P.S. NARWAR, DISTT. SHIVPURI
                          (MADHYA PRADESH)

                                                                                            .....APPELLANT
                          (NONE FOR THE APPELLANT )

                          AND
                          M.P.MADHYA      KSHETRA     VIDYUT    VITRAN
                          COMPANYLTD.TH:ITS JUNIOR ENGG.NAWAB SINGH
                          OCCUPATION: BAGHEL S/O MAHARAJ          SINGH
                          BAGHEL,INFRONT OF GOVT.MIDDLE SCHOOL NO.1,
                          NARWAR, DISTT. SHIVPURI (MADHYA PRADESH)

                                                                                           .....RESPONDENT
                          (BY SHRI NITIN GOYAL - PANEL LAWYER)

                                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 08.02.2010 passed by the Special Judge, Karera Dist. Shivpuri in Special S.T.No.386/2009 whereby appellant has been convicted under Section 138(1)(kha) of Electricity Act, 2003 and sentenced to undergo six months RI with fine of Rs.2,000/- by the trial Court.

In brief, allegation against the present appellant is that the appellant was found guilty of offence by using unauthorized electric energy. Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/20/2023 9:27:21 PM

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 incarceration. He has been facing rigors of judicial proceedings since 2010. 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.10,000/- under Section 138(1)(kha) of Electricity Act, 2003 jail sentence of the appellant is reduced to the period already undergone by him and fine amount is enhanced to Rs.10,000/- 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.

(DEEPAK KUMAR AGARWAL) JUDGE Adnan

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