BAPU LAL Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2011-3-56
HIGH COURT OF RAJASTHAN
Decided on March 07,2011

BAPU LAL Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) HEARD learned counsel for petitioner as well as learned Special Public Prosecutor for JVVNL and perused material made available to me during arguments of case.
(2.) CONTENTION of learned counsel for petitioner is that petitioner's electric meter got burnt and for which he requested the authorities of electricity company for change of meter on 21.09.2009. Allegation against petitioner is that he took direct electricity supply and for which vigilance case was registered against him on 17.05.2010 for electricity theft. Learned counsel for petitioner submitted that there was nothing mala-fide on the part of petitioner and his bona-fide appears from fact that he himself requested the authorities of electricity company for change of burnt meter of his electricity connection; for which reason the Department is demanding a sum of Rs.1,39,651/-. Learned counsel submitted that petitioner is ready and willing to deposit the said amount in two installments within two months. Learned Special Public Prosecutor appearing on behalf of JVVNL opposed bail application and submitted that petitioner was running 10 HP motor for flouring mill for nearly six months without payment of any electricity charges. After considering all facts and circumstances of case and without expressing any opinion on its merits and demerits and considering the fact that petitioner is ready and willing to deposit the demanded amount, I deem it just and proper to release accused-petitioner, namely, Bapu Lal Son of Ram Lal, Resident of Village Salotiya, Police Station Sunel, District Jhalawar (presnetly confined in District Jail, Jhalawar) on bail under Section 439 Cr.P.C., in FIR No.23/2011, Police Station Electricity Act Cases, District Jhalawar (Rajasthan), provided he furnishes a personal bond in sum of Rs.30,000/- with two sureties of Rs.15000/- each to satisfaction of trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so, with further stipulation that petitioner shall deposit aforesaid amount of Rs.1,39,651/- in two installments within two months. On his failure to do so, the bail so granted to the petitioner would be liable to be cancelled. The bail application stands disposed of.;


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