Petitioner, conviction under Electricity Act and unpaid penalty. Court dismissed anticipatory bail petition holding no grounds exist due to theft liability and outstanding demand. Disposition: dismissed.
Anticipatory bail petition dismissed; no grounds for grant of bail found due to theft and unpaid penalty.
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CRM-M No. 24095 of 2021
-1-
In the High Court of Punjab and Haryana at Chandigarh
CRM-M No. 24095 of 2021 Date of Decision: 25.6.2021
Surinder Kumar
......Petitioner
Versus
State of Punjab
......Respondent
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present: Mr. Vishnav Gandhi, Advocate for the petitioner.
HARNARESH SINGH GILL, J. (ORAL)
Case is taken up for hearing through video conferencing.
Through the instant petition, the petitioner seeks anticipatory bail in case FIR No. 498 dated 27.3.2021, registered under Section 135 of Electricity Act, 2003, Police Station Anti Power Theft (APT), District Amritsar.
Learned counsel for the petitioner submits that the petitioner is a tenant and has taken the premises on rent on 15.1.2021. He further submits that wrong assessment has been made by the department and the demand could have been assessed from 15.1.2021 onwards.
I have heard the learned counsel for the petitioner.
It is a case in which inspection was conducted by the Assistant
Executive Engineer Technical and Enforcement and it was found that the petitioner had bye-passed the meter and the supply was directly connected
with 4 core cable with 4 meter PVC wire. Thereafter notice dated 17.3.2021
GURPREET SINGH 2021.06.28 14:00 I attest to the accuracy and integrity of this document Chandigarh
CRM-M No. 24095 of 2021 -2-
was served upon the petitioner with regard to deposit of penalty to the tune of Rs. 37,81,563 /- for committing the theft of electricity.
The petitioner has committed the theft of electricity and, thus, caused loss to the Punjab State Power Corporation Limited and moreover, the demand of Rs. 37,81,563/-, assessed by the department is yet to be paid by him.
Keeping in view the above, no ground for grant of anticipatory bail to the petitioner is made out.
The petition is dismissed.
(HARNARESH SINGH GILL) JUDGE
June 25, 2021 Gurpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
GURPREET SINGH 2021.06.28 14:00 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether anticipatory bail should be granted in a case regarding electricity theft where the penalty demand remains unpaid.
1 provisions across 1 enactments
Surinder Kumar
State of Punjab
Harnarah Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
