Madhya Pradesh High Court

CRA/5803/2017 of AMEERI SINGH Vs THE STATE OF MADHYA PRADESH on 29 December 2023

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COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE

IN THE HIGH COURT OF MADHYA PRADESHAT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGHON THE 29[th] OF DECEMBER, 2023

CRIMINAL APPEAL NO.5803 OF 2017

BETWEEN:-

AMEERI SINGH, S/O SHRI DIWANSINGHRAJORIYA, AGED 35 YEARS, R/O NEAR RAJPUTHOTEL YADAV MARKET GWALIOR ROAD ATPRESENT R/O RAMNAGAR, PORSA, DISTRICT-MORENA (MADHYA PRADESH)

….....APPELLANT

(BY SHRI V.K. AGRAWAL- ADVOCATE)

AND

1. STATE OF M.P. THROUGH COLLECTOR ANDDISTRICT MAGISTRATE, MORENA (MADHYAPRADESH)DISTRICT MAGISTRATE, MORENA (MADHYAPRADESH)

2. MADHYA PRADESH MADHYA KSHETRA VIDYUTVITARAN CO. LTD THROUGH JUNIOR ENGINEER,INCHARGEVIDYUTVITRANKENDRA,GANESHPURA, DISTRICT- MORENA (MADHYAPRADESH)VITARAN CO. LTD THROUGH JUNIOR ENGINEER,INCHARGEVIDYUTVITRANKENDRA,GANESHPURA, DISTRICT- MORENA (MADHYAPRADESH)

….....RESPONDENT

(SMT. INDAR ASHTHANA- PANEL LAWYER FOR THE STATE AND SHRIRAJENDRA BHARGAVA– ADVOCATE FOR REPONDENT NO.2)

--------------------------------------------------------------------------------------------- This appeal coming on for orders this day, the Court passed thefollowing:

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ORDER

This appeal is pending since 2017. This appeal has been filed by the appellant against the judgment of conviction and order of sentence dated30/11/2017 passed by Special Judge (Electricity Act) and 6th AdditionalSessions Judge, Morena, District- Morena (M.P.) in Special Electricity CaseNo.183/2008, whereby the appellant has been convicted and sentenced asunder:- SectionSentence Fine (Rs.) Default Stipulation 135(1)(a) of6 Months RI3,60,066/-6 Months RIElectricity Act

2. Learned counsel for the appellants submits that appellants have neverserved in custody for a single day and incident is of the year 2008 and morethan 15 years have lapsed, therefore, prayer for setting aside the jail sentenceof the appellant is made.

3. Learned counsel for the respondent has no objection if appeal may bedisposed of by enhancing the fine amount.

4. Although appeal on merit is not pressed today but in the interest ofjustice, record is seen and after going through the record and looking to thefacts conviction is found to be justified, hence, conviction is affirmed. Andin the circumstances of the case that fine amount as imposed by the trialCourt has been deposited by the appellant and receipt of the same has alsobeen submitted, this Court is of the view that while affirming the convictionas above of the appellant, jail sentence of the appellant can be reduced byimposing the additional fine amount of Rs.5000/- for the offence 135 (1)(a)of Electricity Act. Accordingly, additional fine amount of Rs.5000/- isimposed upon the appellant which shall be deposited by him with therespondent/Company i.e. Madhya Pradesh Madhya Kshetra Vidyut VitaranCo. Ltd. and produce its receipt before the trial Court within a period of 30days' from the date of receipt of certified copy of this order, failing which theappellant will have to suffer the complete sentence as awarded by the trial

Court. Rest of the impugned judgment is kept intact.

5. In view of the above, this appeal is finally disposed of.

6. Let a copy of this order be sent alongwith the record to the concerned Court for necessary compliance.

RAHUL Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA SINGH rahulPRADESH BENCH GWALIOR, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee473fe77953f5, postalCode=474001, st=Madhya Pradesh, serialNumber=0275C4F803F94C47998BE5C534EPARIHAR21BDED910FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.12.29 18:47:00 +05'30'

(AVANINDRA KUMAR SINGH) V. JUDGE

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