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. 4423 OF 2008 CRIMINAL APPLICATION NO. 4423 OF 2008 CRIMINAL APPLICATION NO. 4423 OF 2008 1. Sou Mangal Baban Shinde, 2. Smt.Suman Ananta Gavali, 3. Kum. Rani Shinde ...Applicants vs. The State of Maharashtra ...Respondent Mr.Amin Solkar for the Applicants. Mr.S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 19, 2009 DATED : JANUARY 19, 2009 DATED : JANUARY 19, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicants and APP for the State. 2. The applicants herein have obstructed the MSEB officers from carrying out their duty, therefore, they have allegedly committed an offence punishable under Section 353 read with 34 of the IPC and under Section 135 of the Electricity Act. 3. Prosecution case is that when the officers of the MSEB were taking a round in their jeep at night, - 2 - they noticed that there was theft of electricity on the property of the applicants and it was illegally used for the purpose of operating pump on the borewell situated in the property of the applicants. The allegation is that when the officers of the MSEB removed the pump and the wire which was used for that purpose, the applicants obstructed the officers of the MSEB. 4. FIR indicates that the property is owned by one Baban Sopan Shinde and the applicants are the mother, wife and daughter of the said Baban Sopan Shinde. In my view, custodial interrogation of the applicants is not necessary. The applicants being ladies and not being owners of the said property where the theft had taken place, the police is at liberty to take such action against the owner of the property viz. Baban Sopan Shinde, as advised and in accordance with law. 5. In the event of the applicants’ arrest, therefore, in connection with C.R.No.274/2008 registered at Pandharpur Taluka Police Station, Solapur, for the offence punishable under Section 353 of the IPC and - 3 - under Section 135 of the Electricity Act, they shall be released on bail in the sum of Rs.5000/- each with one or two sureties in the like amount. 6. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)