Singh Vs. State of M.P.  INSC 324 (3 March 2008)
A.K.MATHUR & AFTAB ALAM O R D E R CRIMINAL APPEAL NO. 429 OF 2008 (Arising out of SLP (Crl.)No.6862
of 2007) We have heard learned counsel for the parties.
This appeal is directed against the judgment and order dated 25th July, 2007 passed by the High Court of Madhya Pradesh, Jabalpur Bench, Gwalior in
Criminal Revision No.762 of 2004 whereby the learned Single Judge partly
allowed the Revision Petition and reduced the sentence from three months
rigorous imprisonment to 45 days rigorous imprisonment.
The accused appellant was convicted under Section 379 of the Indian Penal
Code for the electricity theft and sentenced to undergo three months rigorous
imprisonment which was reduced by the High Court to 45 days rigorous
...2/- -2- Having regard to the facts and circumstances of the case, we
confirm the conviction. However we think it proper that the sentence of the
appellant be reduced to the period already undergone.
Accordingly, we reduce the sentence of the appellant to the period already
undergone. The appellant has already been exempted from surrendering. He is not
required to surrender. The accused shall not be arrested, if not required in
any other case.
The appeal is accordingly, allowed in part.