Interim Order 1

Order Details: Order Below EX 1
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IN THE COURT OF THE METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
CASE NO. 50/PW/2021 ( C. R.No. 302/2020)
The State (at the instance of
BKC Police Station, Mumbai. …. Complainant.
Vs.
Shabbir Samsher Khan …. Accused.
J U D G M E N T
1. The accused is charged for the offence U/sec.457, 380, 34 of
IPC.
2. The accused is produced today through VC. Accused
voluntarily pleaded guilty to the charge. It appears that the plea of the
accused is voluntary. Hence, the plea is accepted.
3. Heard the accused on the point of sentence. The accused
submitted that his economic condition is not sound and his family is
dependent on him. The accused prayed that minimum punishment may be
imposed.
4. The prosecution could not show that the accused has been
previously convicted and thus he is liable for enhanced punishment.
Considering nature of the offence and the circumstances it will be just and
proper to pass the following order.
O R D E R
1. Accused Shabbir Samsher Khan is convicted vide sec.241 of
Cr.P.C. for the offence punishable u/sec. 457 r/w. 34 of IPC and sentenced
to suffer rigorous imprisonment for period of 9 months and Fine of Rs.
100/ (Rs. One Hundred) . In default of payment of fine, the accused will
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have to undergo R.I. for 7 days.
2. Accused Shabbir Samsher Khan is convicted vide sec.241 of
Cr.P.C. for the offence punishable u/sec. 380 r/w. 34 of IPC and sentenced
to suffer rigorous imprisonment for period of 9 months and Fine of Rs.
100/ (Rs. One Hundred) . In default of payment of fine, the accused will
have to undergo R.I. for 7 days.
3. The sentences shall run concurrently.
4. The accused is entitled to get benefit of set off as per the
provisions of Sec.428 of Cr.P.C.
5. The sentences awarded to the accused in C.C.No.50/PW/2021
and 51/PW/2021 shall run concurrently.
6. Seized property be returned to the owner after verification.
7. Copy of Judgment be given to the accused free of cost.
8. The case shall proceed against coaccused Arif Ansari.
Sd/
Metropolitan Magistrate,
Date : 04/08/2021 71st Court, Bandra, Mumbai.
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