IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.9 of 2005 Date of Decision 05.03.2010 Bijender Singh @ Vijender Singh ...... Petitioner(s) VERSUS State of Haryana ...... Respondent(s) CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Rahul Vats, Advocate, for the petitioner. Mr.Rajiv Malhotra, Addl. Advocate General, Haryana. ***** A.N.JINDAL, J(ORAL): Assailed in this petition is the judgment dated 24.12.2004, passed by Additional Sessions Judge, Panipat, dismissing the appeal filed by the petitioner-accused (herein referred as 'the petitioner'), against the judgment dated 26.07.2004, passed by Addl. Chief Judicial Magistrate, Panipat, convicting and sentencing him to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1,000/- under Section 39 of the Indian Electricity Act. The allegation against the petitioner is that he was found abstracting electrical energy illegally and dishonestly by connecting the outgoing lead wire (Phase wire) with the incoming phase wire of S-terminal. The petitioner was charged and tried. Ultimately, he was convicted and sentenced accordingly. His appeal also failed. The counsel for the petitioner has urged that the letter Annexure P-3, issued by SDO (OP) Sub Division, Panipat to the Executive Engineer (OP) City Division, Panipat, reveals that the petitioner Vijender Singh had deposited a sum of Rs.14320/- vide receipt No.BA16 114/4240 Criminal Revision No.9 of 2005 -2- dated 21.10.1998 and a sum of Rs.8062/- vide receipt No.322/14136 dated 11.05.2002, as such, he, without challenging the judgment of conviction, has urged for extending some leniency on the quantum of sentence. Heard. The petitioner appears to be the first offender and no bad antecedents have been shown to me which may enable this Court to form an opinion that he is habitual offender. He has already deposited the theft amount. Under these circumstances, this petition is dismissed with the modification in the sentence that he is ordered to be released on probation on furnishing personal bond to the tune of Rs.10,000/- with one surety in the like amount to keep peace and be of good behaviour for a period of one year, failing to comply with the terms of bond, he would be ready to serve remaining part of sentence. Copy of the order be sent to the Chief Judicial Magistrate, Panipat, for compliance. (A.N.Jindal) Judge 05.03.2010 mamta-II