Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 374 PW 2024 State Vs Arjun and anr.
CNR No.MHMM18-000614-2024
ORDER BELOW EXH.1
1. Today the accused Mr. Arjun Bhim Bahadur Thapa, is appeared
before this court through video conferencing. Other accused Mr. Aryan
Pramod Dhotre, is already on bail. The accused Mr. Arjun Bhim Bahadur
Thapa, pleaded guilty to the offence. His plea is voluntary as despite
giving clear understanding to him about the effect of punishment, he has
pleaded guilty to the offence. Plea accepted.
2. Heard Ld. A.P.P. and accused on the point of sentence. Accused
Mr. Arjun Bhim Bahadur Thapa, prayed for leniency on the ground of
poverty. There is substance in the ground pleaded. Allegations are not
serious as accused persons had stolen cash of Rs.8,000/- only. Accused
Mr. Arjun Bhim Bahadur Thapa, is in jail since 10.01.2024.
3. So far as other accused Mr. Aryan Pramod Dhotre, is concerned the
charge sheet reflects that he has not committed the main offence and
some part of cash, allegedly stolen has been recovered from him. Except
this there is no evidence on record to show that the cash seized from him
is the cash stolen from the custody of first informant. The offence is
lodged against unknown person. His connection with the allegation seems
very remote. Even if he accepts the whole charge sheet no conviction is
warranted. As main accused pleaded guilty to the offence there is no point
in keep the matter pending against this accused. As main accused is in
custody since 10.01.2024, considering the nature of evidence against
remaining accused Mr. Aryan Dhotre, following order :
ORDER
A. The accused Mr. Arjun Bhim Bahadur Thapa, is convicted under
Section 241 of the Code of Criminal Procedure, for an offence punishable
under Sections 182 and 380 of Indian Penal Code and sentenced to suffer
simple imprisonment for ten days, for each of the offence.
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C. C. No. 374 PW 2024 State Vs Arjun and anr.
CNR No.MHMM18-000614-2024
B. Both these sentences shall run concurrently.
C. Accused Mr. Arjun Bhim Bahadur Thapa, is entitled to set off as
per Section 428 of the Code of Criminal Procedure. As he is in jail since
10.01.2024, the punishment has already been undergone by him,
therefore, he shall be released forthwith if not required in any other
offence.
D. Another accused Mr. Aryan Pramod Dhotre, is discharged under
Section 239 of Code of Criminal Procedure, for offences punishable
under Section 182 and 380 r/w.34 of Indian Penal Code.
E. The cash security amount shall be refunded to accused Mr. Aryan
Pramod Dhotre, after appeal period.
F. The property seized i.e. cash of Rs.8,000/- and pen drive shall be
handed over to informant.
G. Copy of this order to be given free of cost to the accused.
H. Inform the Jail Authorities accordingly.
I. Proceeding stands disposed off.
Sd/-
BANDRA, MUMBAI (KOMALSING RAJPUT)
DATE : 23.01.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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