Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 1333 PS 2025 State Vs Mukesh and anr.
CNR No.MHMM18-003419-2025
ORDER BELOW EXHIBIT - 01
1. Perused record. Both the accused filed pursis and pleaded guilty to the
offence. The consequences pertaining to possible punishment made them
understand. Despite that they are ready to plead guilty and as such their 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. There are dependents on them. Offence is not much serious. They
are 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. However, from the nature of allegations and role attributed
to him, Accused No.2, Mr. Anil Nanku Varma, can not be said to be a person
responsible for the act. Therefore, the proceeding against him can not be
allowed to proceed further. Accordingly, in the interest of justice following
order -
ORDER
a. The accused Mr. Mukesh Parshuram Patil, is convicted under Section
275 of Bharatiya Nagarik Suraksha Sanhita for offence punishable under
Sections 287 r/w.3(5) of Bharatiya Nyaya Sanhita 2023 and Section 66(1)
r/w.192-A of Motor Vehicle Act and sentenced to pay the fine of Rs.500/-,
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C. C. No. 1333 PS 2025 State Vs Mukesh and anr.
CNR No.MHMM18-003419-2025
for each of the offence. It means accused shall pay total amount of
Rs.1,000/-, towards payment of fine. In default accused shall suffer simple
imprisonment for a period of two days for whole amount.
c. Another accused Mr. Anil Nanku Varma, is discharged under Section
262 of Bharatiya Nagarik Suraksha Sanhita 2023, for offences punishable
under Sections 287 r/w.3(5) of Bharatiya Nyaya Sanhita 2023 and Section
66(1) and 192(a) of Motor Vehicle Act.
d. The muddemal property be returned to the accused.
e. Copy of this order shall be given free of costs to the accused.
MUMBAI (KOMALSING RAJPUT)
DATE – 17.03.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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