IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 172 OF 2008 CRIMINAL APPLICATION NO. 172 OF 2008 CRIMINAL APPLICATION NO. 172 OF 2008 IN CRIMINAL APPEAL NO. 141 OF 2008 Riyaz Ahmed Niyaz Shaikh.... Applicant versus State of Maharashtra ...... Respondent. Mr. P.M.Pradhan i/b Anita G. Bhaktwani for the applicant Mr. Y.M.Nakhawa APP for State. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. DATED; 20TH FEBRUARY, 2008 DATED; 20TH FEBRUARY, 2008 DATED; 20TH FEBRUARY, 2008 P.C.; P.C.; P.C.; 1. The applicant accused has been convicted for an offence punishable under section 135 of the Electricity Act, and sentenced to suffer R.I. for one month and to pay a fine of Rs. 5,46,525/-. The said amount of fine represents three times the amount of alleged theft of electricity. In default of payment of fine S.I. for one year. 2. Perused the judgment and order impugned. The learned counsel for the applicant submits that imposing fine at the rate of three times the amount of alleged theft of electricity is wholly unsustainable. It is also emphatically contended that the applicant is not in a position to pay the amount of fine. Hence he is in custody. It is also tried to be contended that the factory in question is not owned by the applicant. Having regard to the totality of the facts and circumstances, I deem it appropriate to suspend the sentence subject to the condition that the applicant deposits a part of fine amount viz. Rs. one lakh in the court of Special Judge. The applicant was on bail during the trial and he shall be released on the same terms and conditions on executing fresh bond and on payment of Rs. one lakh out of the fine amount. ....