SHYAM SUNDER SHARMA Vs. STATE OF JHARKHAND
LAWS(JHAR)-2012-5-6
HIGH COURT OF JHARKHAND
Decided on May 07,2012

SHYAM SUNDER SHARMA Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the petitioner and learned A.P.P. for the Prosecution. .
(2.) THE petitioner is apprehending his arrest in connection with Ghatsila-Chakulia P.S. Case no. 8 of 2012 corresponding to G.R. No. 44 of 2012, for the alleged offences under Section 379 of the Indian Penal Code read with Sections 135, 138 and 139 of the Electricity Act. The petitioner was found committing theft of electricity in his firm and the loss to the Electricity Board was assessed at Rs. 10,39,387/-. It appears that the petitioner's firm had filed a writ petition before this Court for restoration of the electrical connection, which was registered as W.P.(C) No. 731 of 2012. The said writ petition was disposed of by this Court by order dated 27.3.2012, wherein, it finds mentioned that as the respondent Electricity Board had tentatively assessed the loss of Rs. 10 lakhs and odd, the petitioner was directed to deposit rupees five lakhs and thereafter, the electrical connection was directed to be restored to the petitioner's firm. It is submitted that pursuant to the order passed by this Court, which is contained at Annexure-6, payment of rupees five lakhs has been made in favour of the Electricity Board by the cheque, which is contained at Annexure-7 and electrical connection was also restored by the Electricity Board, which is apparent from Annexure-7/1. In the facts of this case, I am inclined to grant anticipatory bail to the petitioner, Shyam Sunder Sharma. Accordingly, it is directed that in the event of his surrender/arrest, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of Shri D. Kumar, learned Civil Judge, Jr. Division, Ghatshila, in connection with Ghatsila-Chakulia P.S. Case no. 8 of 2012 corresponding to G.R. No. 44 of 2012, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.;


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