Hussain Saheb Mashidsab Sayyad v. Maharashtra State Electricity Board

(1) Cr. Appln. 6905/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6905 OF 2015 IN CRIMINAL APPEAL NO. 938 OF 2015 Hussain Saheb Mashidsab Sayyad, Age : 65 years, Occu.: Business, R/o. Jamat Mohalla, Kasar Shirshi, Tal : Nilanga, Dist : Latur .. Applicant (Orig. Accused) Vs.

Maharashtra State Electricity Board and anr.

.. Respondents ---- Mr. V.D. Gunale, Advocate for the applicant Mr. A.R. Kale, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 05/01/2016 ORAL ORDER :

Heard.

2.

Issue notice to the respondents, returnable on 28/01/2016.

3.

Learned A.P.P. waives notice for the respondent no.2-State.

(2) Cr. Appln. 6905/2015 4.

Considering the facts on record that the present applicant is convicted for the offences punishable under section 135 and 138 of the Electricity Act, 2003 and sentenced to suffer rigorous imprisonment for 1 year and to pay fine of Rs.1,000/-, in default to suffer rigorous imprisonment for 1 month for the offence punishable under section 135 of the Electricity Act, 2003 and to suffer rigorous imprisonment for 6 months and to pay fine of Rs.500/-, in default to suffer rigorous imprisonment for 15 days for the offence punishable under section 138 of the Electricity Act, 2003, with a direction to pay compensation of Rs.1,30,000/- (Rs. One Lakh Thirty Thousand) and that the fine amount is already deposited, the substantive sentences awarded to the present applicant are hereby suspended until further orders, upon deposit of Rs.65,000/- (Rs.

Sixty Five Thousand) towards part of the compensation with the Maharashtra State Electricity Distribution Company Ltd. (M.S.E.D.C.L.), Nilanga, within a period of ten (10) weeks from the date of this order. The applicant be released on bail until further orders, upon his execution of P.R.

(3) Cr. Appln. 6905/2015 Rs.15,000/- (Rs. Fifteen Thousand) and also upon furnishing surety in the like amount.

5.

Stand over to 28/01/2016.

[M.T. JOSHI] JUDGE arp/