:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.825 OF 2008 WITH CRIMINAL APPEAL NO.608 OF 2008 WITH CRIMINAL APPLICATION NO.752 OF 2008 Tejpal Baban Rathod. ..Applicant. Vs. State of Maharashtra. ..Respondent. Mr. Ajay Varma for the Applicant. Smt. A.A. More, APP. for the State. CORAM: R.S. MOHITE, J. DATE : 22nd July, 2008 P.C. P.C. P.C. 1. This is an application for condonation of 76 days delay in filing the appeal. After hearing both the sides and in the interest of justice and for the reasons which are mentioned in the application and which are accepted the application is allowed and the delay in filing the appeal stands condoned. Application stands disposed off. Office to number the appeal. CRIMINAL APPEAL NO.608 OF 2008 1. I have heard the Advocate for the appellant and the A.P.P. Admit. By consent, taken up for final hearing. 2. On perusing the judgment I find that good and cogent reasons are given for conviction. There is sufficient evidence to indicate that meter stood in the name of the accused was tampered with. Small :2: wooden stick and copper wire were found inside the meter so as to obstruct the meter reading. The trial court has recorded that the theft bill is of 22 months and the same was immediately paid. In these circumstances, the court has not imposed separate sentence of fine. It appears from the record that the offence of theft of electricity was lodged and the bill amount was paid immediately. Taking into account the conviction order under Section 135(1)(b) and Section 138(d) of the Electricity Act, 2003 require to be confirmed as no arguable point is raised. Since this is the first conviction and it is possible to impose only penalty of fine, following sentences are imposed. The Advocate for the applicant states that the appellant is ready to pay fine and the fine will be paid within three months. Statement is accepted. Hence, order. ORDER a) For the conviction under Section 135(1)(b) accused/appellant is sentenced to pay fine of Rs.25,000/- in default to suffer S.I. for 6-months. b) For the conviction under Section 138(d) accused/appellant is sentenced to pay fine of Rs.5000/- in default to suffer S.I. for 3-months. . The sentence as imposed herein above are in supersession of the sentences as imposed and contained in the impugned judgment and order. :3: CRIMINAL APPLICATION NO.752 OF 2008 1. This is an application for bail pending hearing and final disposal of the appeal. In view of the disposal of the main appeal, this application does not survive. Hence, application dismissed. (R.S. MOHITE, J.)