High CourtsSingle Bench(2006) 02 P&H CK 0005

Ashok Kumar vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 15 February 2006 · Citation: (2006) 2 RCR(Criminal) 544

HON’BLE JUDGES
A.K. Goel, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. 7521-M of 2006

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Judgment

7 paragraphs · 325 words

Adarsh Kumar Goel, J.—Heard.

2.

Offence alleged is u/s 30 of the Electricity Act and Section 379 IPC.

3.

The petitioner has been arrested on an allegation that he had taken a factory on lease and on a raid being organized theft of electricity was detected. The petitioner had manipulated the meter by a PVC wire of which photographs were taken and this resulted in loss of Rs. 14 lakhs to the Electricity Department. The trial Court granted bail subject to the petitioner depositing 40% of the amount.

4.

Learned counsel for the petitioner submits that the petitioner is already in custody for the last more than one month and will face proceedings in accordance with law, his indefinite custody is not called for. It is further stated that the petitioner will deposit a sum of Rs. two lakhs within one month of his release without prejudice to his rights and contentions and the amount will be deposited in the court of Judicial Magistrate 1st Class, Kaithal. It is further stated that the petitioner will furnish security for the assessed amount i.e. Rs. 14 lakhs in the first instance, which will be treated as security for the remaining amount after the amount of Rs. two lakhs is deposited. The security will be in the form of immovable property of the petitioner or any one else to the satisfaction of Judicial Magistrate 1st Class Kaithal. The deposit and security will abide by result of legal proceedings. The amount will be kept in a fixed deposit initially for a period of one year. If the petitioner succeeds in legal proceedings, the amount will be refunded to him and security will be discharged and if the petitioner loses, the amount will become available to comply with any order

5.

In view of above, without expressing any opinion on merits, the petitioner is granted bail to the satisfaction of CJM/Duty Magistrate, Kaithal.

The petition is disposed of.

Petition allowed.