The decision could pave the way for the other 17 absconding accused to be granted bail, which was denied by Additional Sessions Judge P G Thombre at Jalna on Monday.

Defence counsel, S R Barlinge, pleaded for the two accused, Radheshyam Agrawal and Kamal Agrawal, directors of the Rishi Steel and Alloys Plant Pvt Ltd, where power worth Rs 3 crore was allegedly stolen.

The counsel claimed that the nature of the theft, even if proved, is not serious as it attracts a maximum three-year sentence.

Moreover, the Maharashtra State Electricity Board (MSEB) official who lodged the complaint against the accused was not ``competent'' in that his jurisdiction is limited to Ahmednagar and does not extend to Jalna district, he argued. Besides, Sections 379 and 34 of the Indian Penal Code are not relevantto the nature of charges levelled against the accused, he claimed.

The state government was represented by Anandbhushan Kanade.