RANJITSINH HANUBHA JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed by the applicant original accused for suspension of sentence under sec. 389 of Cr.P.C. and for grant of bail on the grounds set out in the application.

(2.) The applicant original accused has been convicted in Special Case (GEB) No. 37/2008 by the learned Special Judge (GEB), Bhuj, vide judgment and order dated 19.7.2010 recording conviction of the accused for the offence under sec. 135(1)(A) of the Electricity Act, 2003 imposing sentence of R.I. for 1 year & 6 months and fine of Rs. 1,52,652/-, i/d R.I for 6 months.

(3.) Learned advocate Mr. Satta referred to the judgment and submitted that as per the findings given, the basic amount is Rs. 50,884.13 which is assessed for the theft of energy and still the fine imposed is three times higher and further it is also recorded that it is the first offence. He therefore submitted that considering the provisions of sec. 389 of Cr.P.C., when he has deposited the basic amount, the present application may be allowed.