← Library
Bombay High CourtABA/2228/2025disposed off

Kundlik Dnyanoba Kanade And ORS v. State Of Maharashtra

2025-08-08Hon'Ble Shri Justice Madhav J. Jamdar2 pages

Mamta Kale 924-aba-2228-2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No. 2228 of 2025 Kundlik Dnyanoba Kanade and Ors.

... Applicants versus The State of Maharashtra

...Respondent

---- Mr Piyush Toshnival, for the Applicants.

Mr P P Jadhav, APP, for Respondent / State.

HC 1014 Akash Narayan Phasaqe, Ambegav Police Station, Pune City, is present.

---- Coram: R.N. Laddha, J.

Date: 8 August 2025 P.C.:

Digitally signed by MAMTA AMAR KALE Date:

2025.08.08 20:48:19 +0530 MAMTA AMAR KALE .

The learned Counsel for the applicants submits that, by communication dated 26 March 2025, the Additional Executive Engineer of the Maharashtra State Electricity Distribution Company Limited (MSEDCL), Dhankawadi Sub Division, issued a letter to Akshada Pet Blowing Industries under Section 135 of the Electricity Act, alleging theft of electricity and thereby calling upon the said firm to remit the purported theft amount along with compounding charges. 2.

The learned Counsel contends that MSEDCL has not disclosed the basis on which it has arrived at the allegation of electricity theft amounting to Rs.10,70,670/- against the __________________________________________________ 8 August 2025

Mamta Kale 924-aba-2228-2025.docx applicants. He further submits that MSEDCL has claimed that the applicants were responsible for the alleged unauthorised consumption of 54675 units of electricity, yet has failed to demonstrate or substantiate the methodology or grounds upon which this figure has been computed.

3.

Moreover, the learned Counsel submits that the said partnership firm has consistently paid all electricity bill as raised by MSEDCL, and there has not been a single instance of default on the part of the firm. Additionally, it is brought to the attention of this Court that applicant No.1 had addressed a letter dated 13 February 2024 to the MSEB, Ambegaon Division, Pune, highlighting voltage fluctuation issues faced by the firm. However, despite the said representation, no remedial action has been taken by the Authorities till date. 4.

The learned APP seeks time to take further instructions. At the request of learned APP, stand over to 8 September 2025. There shall not be any coercive action against the applicants in the present crime till the next date.

(R.N. Laddha, J.) __________________________________________________ 8 August 2025