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2019 DAILYLAW 3732 (BOM)

MUNIR AHMAD MOHAMMADIN KHAN AND ANR v. THE STATE OF MAHARASHTRA AND ANR

IA/2681/2026 · 2026-08-28

Criminal Appealbody2019

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 58-APEAL 1143-19.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1143 OF 2019 Munir Ahmad Mohammadin Khan & Anr. … Appellants Vs. The State of Maharashtra & Anr. … Respondents WITH INTERIM APPLICATION NO.2681 OF 2026 IN CRIMINAL APPEAL NO.1143 OF 2019 ----- Mr. Nandkumar Vasudeo Sawant for the Appellant. Ms. Rutuja Ambekar, APP for the Respondent-State. Mr. Prathamesh Bhosale a/w Soham S. Joshi i/by Kavisha Shah for Respondent No.2. ----- CORAM : N.R. BORKAR, J. DATE : 28TH AUGUST 2026 P.C. : 1. This Appeal takes exception to the judgment and order dated 08th August 2019 passed by the Additional Sessions Judge, Thane in Special Case M.S.E.B. No.23 of 2015. 2. By the impugned judgment and order, the Learned Additional Sessions Judge has convicted the present Appellants for the offences punishable under Sections 135 and 138 of the Electricity Act, 2003. 3. Learned Counsel for the Appellants submits that Respondent No.2 has accepted an amount of Rs.13,05,940/- towards compounding of the offence. It is submitted that, thus, in terms of Section 152 of the Electricity Mugdha 1 of 2 MUGDHA MANOJ PARANJAPE Digitally signed by MUGDHA MANOJ PARANJAPE Date: 2026.08.28 18:30:42 +0530 2 58-APEAL 1143-19.doc Act, the conviction imposed by the impugned judgment and order be set aside. In support of the said submission Learned Counsel for the Appellant has filed on record the letter issued by Respondent No.2, which is annexed to Interim Application No.2681 of 2026. 4. The Learned Counsel for Respondent No.2 does not dispute the said fact. 5. In that view of the matter, the following order is passed: ORDER i. The impugned judgment and order is set aside and the Appellants are acquitted of the offences punishable under Sections 135 and 138 of the Electricity Act. ii. The fine amount, if any, deposited by the Appellants pursuant to the impugned judgment and order shall be refunded to them. iii. The bail bonds of the Appellants stand cancelled. 6. The Criminal Appeal is disposed of in the aforesaid terms. 7. The Interim Application stands disposed of. (N.R. BORKAR, J.) Mugdha 2 of 2