RAJENDER Vs. BSES RAJDHANI POWER LTD

JUDGEMENT

(1.) Petitioner is the proprietor of M/s. Rajinder Ice Factory located at Khasra No. 339, Village Dindarpur, Najafgarh, New Delhi. According to the petitioner, he entered into a rent agreement dated 10.4.2006 with one Sanjay and as per this rent agreement, Sanjay agreed to run this ice factory as the sole and exclusive owner, user and beneficiary thereof in consideration of monthly rent payable to the petitioner. Sanjay was to run this ice factory at his own cost and risk. This factory was, however, sealed by the SDM on 20.5.2006. On 19.6.2006, i.e. almost one month after the sealing of this factory, enforcement team of BSES Rajdhani Power Ltd. (hereinafter referred to as 'the complainant') carried out the inspection of the said ice factory. This team found smell of Ammonia gas coming from the ice factory, though the factory was purportedly sealed. The factory was, therefore, de-sealed and inspection team found that the factory was being run clandestinely committing theft of electricity. This team had found ice slabs in the factory.

(2.) On the basis of the inspection report of the complainant, FIR No. 583/2006 under Section 379 IPC and Section 138 of the Indian Electricity Act, 2003 (for short, 'the Act') was registered against the petitioner. The petitioner applied for anticipatory bail and vide order dated 5.9.2006 the same was granted to the petitioner by the learned ASJ subject to furnishing of a personal and surety bond of Rs.1 lakh each. The petitioner complied with these conditions contained in the order dated 5.9.2006.

(3.) In the meantime, the complainant also filed a complaint against the petitioner under Section 135 read with Section 151 of the Act with the Special Judge on 4.9.2006. In this complaint, the petitioner was summoned vide order dated 18.10.2006. On receipt of the summons, when the petitioner appeared before the Special Judge on 17.11.2006, he preferred another application for anticipatory bail on the same day. The learned Special Judge, on this application, has passed the impugned order dated 17.11.2006 granting bail but subject to the condition of deposit of Rs.25 lacs. Challenging this condition in the order, the present petition is filed.