MANOJ SUBHASH PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel for the applicant and the learned A.P.P. for the respondent.

(2.) It is alleged in the first information report that on 19/4/2022, the informant got the confidential information that the applicant was committing theft of electricity by applying a hook to the electricity line and using the electric power for the purpose of construction of the house. On visiting the construction site, it was revealed that the applicant was using the electricity for the construction of a house by applying a hook with a 30 ft. black colour cable directly to the electric line. It is further alleged that in such a way, the applicant has committed theft of electricity power of 2793 units worth Rs.64,530.00for a period of one year and thus committed an offence punishable under Sec. 152 of the Electricity Act.

(3.) Learned Counsel appearing on behalf of the applicant would submit that the applicant has not committed any offence as alleged or otherwise. He would submit that the applicant has no concern with the construction site where the electricity power was allegedly stolen. The owner of the said site is Smt. Rekha Karma Gavit. He has placed on record the copy of construction permission. Since he was not the owner of the said construction site, he cannot be held responsible for the alleged theft. He would further submit that an illegal electricity bill has been prepared in his name. He submits that the applicant has been falsely implicated in the offence to achieve the target of cases of electricity theft given to the informant. He, therefore, prays that the applicant may be enlarged on pre-arrest bail.