Citation : 2023 Latest Caselaw 16508 MP
Judgement Date : 6 October, 2023
1 CRIMINAL APPEAL No. 511 of 2008
IN THE HIGH COURTOF MADHYA PRADESH
AT G WA L I O R
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
ON THE 6th OF OCTOBER, 2023
CRIMINAL APPEAL No. 511 of 2008
BETWEEN:-
MIJAJILAL S/O S/O SHRI SHANTISINGH YADAV,
AGED ABOUT 78 YEARS, OCCUPATION: R/O
RAMA THANA SURPURA, DISTT. BHIND
(MADHYA PRADESH)
.....APPELLANT
(BY MR. M.L.YADAV - ADVOCATE)
AND
MADHYA PRADESH MADHYA KSHETRA
VIDHYUTVITRAN COMPANY LIMITED, VITRAN
KENDRA OCCUPATION: PHOOPH, DISTT. BHIND
(MADHYA PRADESH)
.....RESPONDENT
( BY MR. RAJENDRA BHARGAVA - ADVOCATE)
This appeal coming on for order this day, the court passed
the following:
ORDER
This appeal is pending since 2008. This appeal has been filed
Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/7/2023 4:22:26 PM 2 CRIMINAL APPEAL No. 511 of 2008 by the appellant against the judgment dated 07.07.2008 passed by
Special Judge (Electricity Act) Bhind (M.P.) in Special Case
No.117/2007, whereby the appellant has been convicted and
sentenced as under:-
Section Sentence Fine (Rs.) Default Stipulation 135(1) of 3 years 40854 9 Months RI Electricity Act
Counsel for the appellant argued that in compliance of order
dated 23.02.2023, appellant has deposited Rs.60,000/- in favor of
respondent/Department and in support of his contention he has filed
receipt. In such circumstances, the sentence awarded to him may be
waived off.
On the other hand, learned counsel for the respondent is
agreed to the said preposition.
Having heard the arguments of both the side as well as matter
has been resolved between the parties, this Court is of the view that
Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/7/2023 4:22:26 PM 3 CRIMINAL APPEAL No. 511 of 2008 learned trial Court has not committed any error in convicting the
appellant. Hence, the appeal preferred by the appellant stands
disposed of while maintaining the conviction recorded by the trial
Court and the sentence of three years R.I. awarded by the court
below is converted into simple imprisonment till rising of the court
before the court below.
Appellant is on bail. Subject to depositing the fine amount,
his bail bonds shall stand discharged.
Copy of the judgment be sent to the trial Court for
information and necessary compliance.
Criminal appeal stands disposed of with the aforesaid
directions.
(Sunita Yadav) Judge
Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/7/2023 4:22:26 PM
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