Sushant Ananda Sawant v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3052 OF 2025 Sushant A. Sawant ...Applicant V/s.

The State of Maharashtra

...Respondent.

..............

Adv. Ernesh N. Tuscano for the Applicant.

Mrs. Rutuja Ambekar, APP for the Respondent/State. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

11.11.2025.

P.C. :

1.

This is an application for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 51 of 2025 registered at Manikpur Police Station, Mira-Bhayandar, VasaiVirar for the offence punishable under Section 135 of the Indian Electricity Act.

3.

On 3rd December 2024, the electricity meter installed at the factory premises of the applicant was inspected and the same was found to be tempered. It was found that the applicant committed theft of electricity of 2057 units.

4.

I have heard the learned counsel appearing for the applicant and the learned APP for the respondent / State. 1/3

5.

Learned counsel for the applicant submits that the applicant had already paid the amount assessed towards the alleged theft of electricity. It is submitted that the FIR came to be lodged only because the applicant has not paid the compounding charges. It is submitted that the challenge in respect of alleged theft is pending before the competent authority. It is submitted that there is no need of custodial interrogation and the applicant is willing to cooperate in the investigation.

6.

On the other hand, learned APP for the respondent/State submits that considering the nature of crime, the applicant may not be released on anticipatory bail.

7.

I have perused the FIR. It appears that the applicant has already paid the amount of Rs.3,34,930/- towards theft of electricity charges. As the applicant has not paid an amount of Rs.2,20,000/- towards the compounding charges and therefore FIR came to be lodged. There appears to be no need of custodial interrogation. Considering the said facts, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed.

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicant in C.R. No. 51 of 2025 registered at Manikpur Police Station, Mira-Bhayandar, Vasai-Virar for the offence punishable under Section 135 of 2/3

the Indian Electricity Act, he be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one surety or two sureties in the like amount.

C) The applicant shall attend the concerned police station as and when called by the Investigating Officer and shall cooperate in the investigation.

[N.R.BORKAR, J.] 3/3