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Bombay High CourtAPPLN/2442/2016disposed off

Bharat S/O. Dashrath Shinde And ANR. v. The State Of Maharashtra

2016-06-14Hon'Ble Shri Justice Nitin W. Sambre3 pages

1 Cri. Appln. 2442-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2442 OF 2016 1] Bharat S/o Dashrath Shinde 2] Vijay S/o Sadashiv Bankar .. Applicants Vs.

The State of Maharashtra .. Respondent .....

Mr. A.R. Devakate, Advocate for the applicants Mr. S.J. Salgare, APP for the respondent-State ......

CORAM : N.W. SAMBRE, J.

DATE : 14/06/2016 ORAL ORDER :

Heard.

2.

The applicants are seeking pre-arrest bail in Crime no. 3472 of 2016 registered at Mahavitaran Latur M.I.D.C. Police Station, Dist. Latur for the offences punishable under section 135 and 138 of the Electricity Act.

2 Cri. Appln. 2442-2016 3.

Electrical meter of the applicants is found to be a tampered one, resulting into theft of the energy. The complainant - M.S.E.D.C.L. claimed that loss including penalty to the tune of Rs.4,09,340/- was caused by the applicants. As such crime no.3472 of 2016 for the offences punishable under section 135 and 138 of the Indian Electricity Act came to be registered.

4.

The applicants claim that they have already deposited the entire amount of Rs.4,09,340/- and have produced the receipt to that effect. It is then noted that the electricity meter, which was tampered with, was already seized.

5.

In view of above, the custodial interrogation of the applicants is not necessary. Hence, the following order :- 6.

In the event of the arrest of the applicants in Crime no. 3472 of 2016 registered with Mahavitaran Latur M.I.D.C. Police Station, Dist.

3 Cri. Appln. 2442-2016 Latur for the offences punishable under section 135 and 138 of the Electricity Act, they be released on bail, upon their executing P.R. bonds in the sum of Rs.15,000/- (Rs. Fifteen Thousand) each with one surety each in the like amount.

7.

In case it is noticed that the applicants are indulging in similar types of offences, it shall be open for the complainant to move for cancellation of bail.

8.

The applicants shall attend the concerned Investigating Officer on 24th and 25th June, 2016 between 10 am and 12 noon and, thereafter, as and when called.

9.

Criminal Application stands disposed of accordingly.

Sd/- [N.W. SAMBRE] JUDGE arp/-