Full Order Text
Final Order 1 · 06 Aug 2021 · CNR MHMM180034542021
Order Details: Order Below EX 1 Pdf Text: C. C. No. 2074 PS 2021 State Vs. Pankaj Nair CNR-MHMM18-003454-2021 ORDER BELOW EXH.1 1. Accused produced with charge-sheet/final report of investigation at 01.10 p.m. No complaint of ill-treatment at the hands of police. Taken in M.C.R. till 20.08.2021. 2. Prima facie case made out. Cognizance taken of an offence punishable U/Sec.142 of Maharashtra Police Act. 3. Accused pleaded guilty to the offence. Consequences pertaining to punishment made him understand. Despite that he pleaded guilty to the offence. It is submitted that he is poor and illiterate person. He is presently residing at Pune and obeying the order, but his wife is pregnant and residing at Dharavi, Mumbai. On account of urgency to see her he entered in the restricted area and his conduct is not willful. Further, he is ready to remain abide by the condition and will not commit such act again. Therefore, leniency shall be shown to him while awarding punishment. 4. Accused obeyed the externment order for about one year or more. His wife is also present outside court and Investigating Officer admitted the fact of her pregnancy. His conduct seems to be not deliberate. Further, he is ready to remain abide by the condition. Considering the nature of offence and all these facts came on record one chance needs to be granted to him. Rather than awarding substantial punishment I am of the opinion that releasing him on admonition after taking undertaking will serve the cause of justice. Therefore, following order - ORDER a. Accused is convicted under Section 252 of Code of Criminal Procedure and released on admonition under Section 5 of Probation of Offenders Act, that he shall not commit the breach of externment order in future till its existence. -- 1 of 2 -- C. C. No. 2074 PS 2021 State Vs. Pankaj Nair CNR-MHMM18-003454-2021 b. He shall also furnish undertaking to that effect. c. Copy of this order shall be given free of cost to accused Sd/ MUMBAI (KOMALSING RAJPUT) DATE – 06.08.2021 M.M., 12TH COURT, BANDRA, MUMBAI -- 2 of 2 --