SIDDHNATH Vs. M. P. PASHCHIM KSHETRA VIDYUT VITRAN

JUDGEMENT

(1.) This is a petition for modification of the judgment dated 5.5.2011 passed in Cr.A. No. 870/2010. Short facts of the case are that petitioner was punished under Section 135 (1) of Electricity Act and was convicted vide judgment dated 22.7.2010 for imprisonment of one month with fine of Rs. 25,000/-, against which appeal was filed, which was registered as Cr.A. No. 870/2010 and decided on 5.5.2011, whereby the appeal was dismissed.

(2.) Learned counsel for petitioner submits that petitioner is a poor man. It is submitted that the only allegation against the petitioner is that petitioner has stolen the energy. It is submitted that one opportunity be given to the petitioner under the provisions of Probation of Offenders Act.

(3.) Smt. Sudha Shrivastava, learned counsel for respondent submits that till so far the fine amount has not been deposited by the petitioner. It is submitted that since the judgment has been passed and conviction is maintained, therefore, no interference can be made. It is submitted that petition be dismissed.