Karan Singh Dhakad vs M.P.Madhya Kshetra Vidhut Vitran ...
2023 Latest Caselaw 4390 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. 646 of 2010

                          BETWEEN:-
                          KARAN SINGH DHAKAD S/O CHUTTIRAM DHAKAD R/O
                          NEAR LALMATI, P.S. KOTWALI, SHIVPURI (MADHYA
                          PRADESH)

                                                                                          .....APPELLANT
                          (BY SHRI BHUPENDRA SINGH DHAKAD - ADVOCATE)

                          AND
                          M.P. MADHYA KSHETRA VIDHUT VITRAN CO. LTD.
                          THROUGH N.D. SWARANKAR, ASSISTANT ENGINEER,
                          SHIVPURI (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                          (BY SHRI RAJESH GUPTA - ADVOCATE)

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

Instant criminal appeal has been preferred by appellant against the

judgment of conviction dated 06.08.2010 passed by IVth Additional Sessions Judge (Fast track) and Special Judge (Electricity Act), Shivpuri, in Special Case No.140 of 2009, by which the appellant has been convicted under Section 135 of the Electricity Act, 2003 and sentenced to undergo six months RI with fine of Rs.39,000/- with default stipulation.

Learned counsel for the appellant submits that incident is of the year 2008 and about 15 years have lapsed. Learned counsel for the appellant confined his

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

argument only to the point of sentence and prays that the sentence awarded to him be modified to the extent of the period already undergone by him would be sufficient to meet the ends of justice.

Learned counsel for the respondent/State while opposing the appeal has submitted that the learned Court below arrived on the appropriate finding and rightly passed the impugned judgment of conviction and sentence.

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. Accordingly, while affirming the conviction of the appellant under Section 135 of the Electricity Act, jail sentence of the appellant

is reduced to the period already undergone by him.

Accordingly, criminal appeal is partly allowed. While maintaining the appellant's conviction for offence under Section 135 of the Electricity Act, the sentence awarded to him is hereby reduced to the period already undergone by h im. The appellant is on bail. His bail bonds and surety bonds stand discharged.

A copy of this judgment along with the record of the trial Court be sent back forthwith In view of the above, this appeal is finally disposed of. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE Adnan

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