1 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 790 OF 2009 WITH CRIMINAL APPEAL No. 726 OF 2009 Mr Mohammed Ayub @ Yakub s/o Bhuran Moiddin Qureshi ..Applicant/Appellant. vs. The State of Maharashtra ..Respondent. Mr M. K. Kocharekar, Advocate for the Appellant. Mr D.P. Adsule, A.P.P.,for the State. CORAM: A.R.JOSHI,J. DATE : 18TH JULY,2009. P.C.:- 1. Heard learned Advocate for the Appellant. This is the appeal challenging the conviction of the appellant for the offence punishable under Section 135 of the Electricity Act, 2003. The appellant was sentenced to suffer rigorous imprisonment (R.I.) for one year and fine of Rs.15,000/- in default to undergo simple imprisonment (S.I.)for three months. The appellant is also directed to pay damages to the original complainant i.e. BEST Undertaking an amount of Rs. 2 11,35,956/- as damages towards use of electricity by unauthorized means. In the present appeal, BEST Undertaking is not made as the Respondent. The appellant to make necessary amendment to add the BEST Undertaking as party respondent No.2 in the appeal as well as in the application. After carrying out necessary amendment, issue notice to the said newly added respondent No.2 returnable in two weeks. In the mean time, the interim bail granted by the convicting Special Court to continue till the next date. Matter to stand over for two weeks for admission of the appeal after hearing BEST undertaking. 2. The learned A.P.P. Appearing for the State waives service. 3. Matter to appear on board after two weeks. A.R.JOSHI,J. 3