1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH CRIMINAL APPLICATION NO. 631 OF 2009 with Criminal Revision Application No. 62 of 2009 Rajendra s/o. Satyanarayan Gilda, age 47 years, occ. business, R/o. Oppo. Balaji Mandir, Latur, dist. Latur. - - - Appellant versus The State of Maharashtra. - - -Respondent Shri A. N. Irpatgire, Advocate for appellant. Shri K. G. Patil, Addl. Public Prosecutor for respondent - State. CORAM : N. D. DESHPANDE, J. Dated : 7th August 2009 PER COURT: 1. Heard Shri Irpatgire, Advocate for the applicant/ accused and A.P.P. Shri K.G. Patil for the State. 2. The conviction order is punishable under 2 section 447 and 379 of the I.P. Code. The prosecution was initially at the instance of Sarpanch of village Dhanora and on his complaint, the accused was prosecuted for offence punishanle under section 447 and 379 of the I.P. Code and also convicted as above. 3. It is very interesting prosecution of theft of water from the well constructed by Gram Panchayat. It is alleged that without any authority or consent, the applicant/ accused used water from the well for irrigation purposes. He also installed electric motor nearby well and a pump. Since the revision application is for admission, I do not wish to make any comments on the merits of the case. Those are reserved till record is received for further hearing and disposal of the revision application. Considering the nature of the accusation and the conviction ordered under section 447 and 379 of the I.P. Code, hearing of revision application is expedited. Liberty is 3 given to the applicant to mention the matter after record is received. 4. The applicant has paid fine amount of Rs. 2500/- as above, and therefore, the impugned order of conviction and sentence is stayed till disposal of revision application. Application disposed of. ( N.D.DESHPANDE, J.) pnk/cria63109