Final Order 1

Order Details: Order Below EX 1
Pdf Text: ORDER BELOW EXH.1
1. Accused produced with charge-sheet/final report of investigation at
02.00 p.m. Prima facie case made out for offences punishable under Sections
188 and 269 of Indian Penal Code, Section 51-B of Disaster Management Act
and Section 66(1) r/w.192 of Motor Vehicle Act. Cognizance taken.
2. Accused pleaded guilty to the offence. The consequences pertaining to
possible punishment made understand to the accused. Despite that accused
ready to plead guilty and as such plea is voluntary. 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. Accused poor and there are
dependents on accused. Offence is not much serious. Accused 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 convicted under Section 252 of the Code of Criminal
Procedure for offences punishable under Section 188 and 269 of Indian Penal
Code and Section 51-B of Disaster Management Act and he is sentenced to pay
the fine of Rs.200/- each for these offences and Section 66(1) r/w 192 of Motor
Vehicle Act and he is sentenced to pay the fine of Rs.500/- for this offence, i.e.
accused shall pay Rs.1,100/- (Rupees One Thousand One Hundred Only) each
in aggregate. In default accused shall suffer simple imprisonment for a period
of two weeks for whole amount.
b. Copy of this order shall be given free of costs to the accused.
MUMBAI (KOMALSING RAJPUT)
DATE – 07.03.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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