Ajmer Vidhyut Vitran Nigam Ltd vs Shyam Singh Chouhan
2022 Latest Caselaw 5821 Raj

                                           (1 of 2)                   [CRLAS-327/2020]


         HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                          JODHPUR
                     S.B. Criminal Appeal No. 327/2020

    Ajmer Vidhyut Vitran Nigam Ltd., Through Executive Engineer,
    Rajsamand (Raj.).
                                                                       ----Appellant
                                       Versus
    1.     Shyam Singh Chouhan S/o Baldev Singh Chouhan, B/c
           Rajput, R/o Station Road, Amet, District Rajsamand
           (Raj.).
    2.     Chatarlal Surya S/o Bhanwar Lal Surya, B/c Jain, R/o Bus
           Stand, Amet, Police Station Amet, Dist. Rajsamand (Raj.).
                                                                    ----Respondents


For Appellant(s)             :     Mr. Pradeep Sharma
For Respondent(s)            :



         HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                        Order

21/04/2022

         In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

.        This Criminal Appeal has been preferred under Section 374

Cr.P.C. praying for the following reliefs:-
     "It is, therefore, prayed that this Criminal appeal may
     kindly be allowed and impugned judgment dated
     26.07.2019 passed in sessions case no.21/2013 (CIS
     No.73/2014), passed by Special Judge, Electricity
     Offence Cases, Rajsamand may kindly be modified and
     respondents-accused may kindly be punished for
     adequate punishment and further the respondents-
     accused may kindly be directed to deposit the civil
     liability amount."




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                                                                             (2 of 2)                 [CRLAS-327/2020]




                                         The matter comes up on an application under Section 5 of

                                   the Limitation Act.

                                         For the reasons mentioned in the application, the same is

                                   allowed and delay in filing the appeal is condoned.

                                         Learned counsel for the appellant submits that the allegation

                                   of electricity theft has been proved and benefit of Section 4 of

                                   Probation of Offenders Act has been given to the respondents.

                                         This Court, after seeing the record of the case, finds that the

                                   benefit of Section 4 of the Probation of Offenders Act has been

                                   given to the respondents is reasonable, it was considered as a first

                                   crime.

                                         Thus, the present appeal is disposed of. However, any civil

                                   liability, which is still accrue to the appellant, shall be free to

                                   recover from the respondents.



                                                                  (DR.PUSHPENDRA SINGH BHATI), J.

60-Sudheer/-

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