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Final Order 1

CNR MHMM18001180202418 Jan 2024
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Final Order 1 · 18 Jan 2024 · CNR MHMM180011802024

Order Details: Order Below EX 1
Pdf Text: ORDER BELOW EXH.1
1. Perused record. Accused pleaded guilty to the offence. The
consequences pertaining to possible punishment made understand to the
accused. Despite that accused is ready to plead guilty and as such his plea is
voluntary.
2. Heard Ld. A.P.P. and accused on the point of sentence. Ld. A.P.P.
submitted and prayed for severe punishment. Against it, Ld. Advocate for the
accused made submissions that the accused not deliberately committed the act.
He is poor and innocent, there are dependents on him. Offence is not much
serious. He is in financial constraints and in view of these facts and
circumstances, if substantive sentence awarded, accused will suffer irreparable
loss.
3. There appears substance in the submissions of Ld. Advocate for the
accused pertaining to the claim of leniency. If all these aspects and submissions
of Ld. A.P.P. collectively considered, I am of the opinion that rather than
awarding substantive sentence, the sentence of fine will serve the cause of
justice. Therefore, following order -
ORDER
a. The accused is convicted under Section 252 of the Code of
Criminal Procedure for offences punishable under section 279 and 336 of
Indian Penal Code and Section 177 of Motor Vehicles Act, and sentenced
to pay the fine of Rs.200/- each, in aggregate accused shall pay total
amount of Rs.600/-, towards whole amount of fine. In default accused
shall suffer simple imprisonment for a period of one week for whole
amount.
b. Copy of this order shall be given free of costs to the accused.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 18.01.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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