1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPLICATION NO.1155 OF 2009 IN CRIMINAL APPEAL NO.985 OF 2009 Shibagatulla Habibur Raheman ...Applicant Vs. The State of Maharashtra ...Respondent Mr.A.A.Siddiqui, Advocate for the Applicant Mrs. R.V. Newton, A.P.P for the State CORAM: SMT.ROSHAN DALVI, J. DATED: 7TH NOVEMBER, 2009 P.C. 1.The applicant has been convicted for the theft of electricity under Section 135(1)(b) of the Indian Electricity Act. The impugned judgment shows that the theft was upon use of the switchgear illegally and wrongfully by the applicant. The period for which the theft was committed by such use is from June 2006 to July 2007. The applicant has been charged with dishonestly committing theft of 35422 units of electricity worth Rs.2,68,296/-. 2.The learned Judge has considered the difference in the bills for the period of theft and the earlier period. Whereas for the earlier period the consumption of the 2 electricity by the applicant was 3029.4 units p.m., for the entire 13 months of the theft period, the units consumed are shown to be only 3960 units by the applicant. There is, therefore, a gross difference in the payment of electricity bills. There is a corresponding unjust enrichment by such theft. 3.The applicant does not deserve liberty, when he comes to Court upon a conviction showing theft of electricity for 13 months at the rate of more than 3000 units p.m. The applicant would be released only upon he depositing in Court the amount which he would be charged for atleast 3000 units of electricity per month which was the applicant s reasonably correct previous use and which use must prima facie be taken to have continued during the disputed period. 4.Hence, the following order:- 1.The applicant shall be released on bail upon he depositing the amount of electricity charges payable by him under various heads charged by the M.S.E.D.C.L for the period of 13 months i.e from June 2006 to July 2007 within 2 weeks for 3000 units of electricity compensation. 2.After the amount is deposited the applicant shall continue to pay electricity charges as charged by 3 the M.S.E.D.C.L thereafter, pending the Appeal. 3.If the applicant pays the electricity charges as directed above within 2 weeks from today the applicant shall be released on bail upon his personal bond. 4.If the amount of electricity as directed above is not paid, the applicant shall be taken in custody by the Sr. P.I of the relevant police station. 5.Bail Application disposed off accordingly. (SMT. ROSHAN DALVI, J.)