IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1548 OF 2008 Rajesh L. Dedhia ...Applicant Vs. The State of Maharashtra ... Respondent --- Mr.Raja Thakre i/b. Mr.Madhukar Dalvi for Applicant Mrs.M.H. Mhatre, APP for State Mr.A.P. Mundargi, Senior Counsel along with Mr. A.B. Ketkar a/w Shri D.G. Dhanure & Ms. Kavita Anchun i/b. Ms.M.V. Kini & Co. for Respondent No.2 ---- CORAM: V.M. KANADE J. DATED 30TH JANUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant, the Learned Senior Counsel for the Respondent and the learned APP for the State. 2. This is an application for anticipatory bail. 3. Interim bail was granted to the Applicant in May, 2008 and has been continued from time to time. A complaint has been filed against the present Applicant that he has committed theft of electricity for an offences levelled against him. 4. The allegation against him is that by using sophisticated devices, he has directly committed theft of electricity from the main line wire, which supplies electricity to the entire area. Photographs, which are shown by the learned Senior Counsel for the Respondents disclose that it is apparent that electricity theft has been committed by the Applicant. Initially, under section 126 of the Electricity Act, the provisional assessment was made of the loss caused to the company and the Applicant was directed to deposit an amount of Rs.78,00,000/-. Representation was made by the Applicant, which was considered by the Respondent and that the amount was reduced to Rs.32,00,000/- 5. The learned Counsel appearing on behalf of the Applicant submits that the Applicant has already deposited Rs.20,00,000/- with the Respondents and against the order of provisional assessment of Rs.32,00,000/-, he has preferred an appeal, which is pending. 6. Shri Mundargi, the learned Senior Counsel appearing on behalf of the Respondents submits that if the Applicant would pay the entire balance amount of Rs.12,00,000/-, anticipatory bail may be granted and the Applicant shall co-operate with the police and disclose the names from where he has received the sophisticated gadgets on the basis of which, he has committed the said theft. 7. Shri Raja Thakre, the learned Counsel appearing on behalf of the Applicant submitted that under section 126 after the provisional assessment is made within 30 days, the final assessment has to be made. He submitted that, that has not been done. He has further invited my attention to the judgment of the National Consumer Disputes Redressal Commission, New Delhi wherein the National Consumer Forum had held that the electricity company was not entitled to disconnect the electricity supply on failure of the consumer to deposit the sum arbitrarily fixed by the Forum. He submitted that the Applicant is not in a position to deposit the entire amount of Rs.12,00,000/- since his factory has been closed down for last 9 months. He, however, submitted that the Applicant is willing to deposit an amount of Rs.6,00,000/- within a period of six weeks. 8. Taking into consideration the offer made by the Applicant of depositing the loss caused to the company, without prejudice to his rights and contentions raised by him in appeal preferred before the competent authority, in my view, the Applicant deserves to be granted anticipatory bail subject to certain conditions being imposed. (i) The Applicant shall deposit an amount of Rs.6,00,000/- with the Respondent No.2 within a period of six weeks from today. If the said amount is not deposited then the bail granted by this Court shall automatically cancel without further reference to this Court; (ii) The Applicant shall report to the Matunga Police Station for a period of one week from 2nd February, 2009 between 11 a.m. & 5 p.m. and he shall co-operate with the Investigating Agency. If the Applicant does no co-operate with the Investigating Agency, the Respondents shall be at liberty to apply for cancellation of bail. (iii) The Applicant shall disclose the names of the persons,who have supplied the sophisticated gadgets to the Applicant. On these conditions, the Applicant, if arrested in connection with C.R. No.281 of 2008 registered at Matunga Police Station for the offence under section 135 of the Electricity Act, be released on bail in a sum of Rs.50,000/- with one or two sureties in the like amount. After reporting to the Matunga Police Station for a period of one week, he shall report to the aforesaid police station, as and when called. 9. Application is, accordingly, allowed and is disposed of. V.M. KANADE J.