Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C. No.1200725/PW/2020 CNR No.MHMM18-003183-2020,
C.C. No.1200726/PW/2020 CNR No.MHMM18-003184-2020
C.C. No.1200790/PW/2020 CNR No.MHMM18-003564-2020
State Vs. Mohd. Malik Sayyad, Dharavi Police Station
COMMON ORDER BELOW EXH.1
(IN CASE NO.725/PW/2020, 726/PW/2020 AND 790/PW/2020)
1. Today the accused appeared before this court through video
conferencing. In two matters i.e. 725/PW/2020 and 726/PW/2020, he
filed applications for pleading guilty to the offence. Today, in remaining
matter i.e. 790/PW/2020, also he pleaded guilty to the offence. I made
him understood the consequences of pleading guilty and possible
punishment. Despite that he pleaded guilty to the offence. As such his
plea is voluntary.
2. In all these matters accused is in custody since the month of
September, 2020. On perusal of all these matters it is noticed that he has
allegedly committed the theft of the articles, total value of which is about
Rs.1,70,000/-. Out of it in one of the matter the value of the property is
Rs.1,57,000/- and in the remaining two matters the value of the property
is approximately Rs.10,000/- or less.
3. Heard him on the point of sentence. He prayed for leniency stating
that he is poor and is in jail since last one year. He also informed that he
is already convicted for two years and undergone punishment in another
offence. He specifically submitted and made request that the sentences in
all the matters, if awareded, shall be awarded concurrently for all these
three matters.
4. As stated above, only in one of the matter the amount of stolen
property is quite high, however, in remaining two matters the value of
property is very less and it can be said that the period undergone by him is
disproportionate to the possible punishment. Further, his prayer for
awarding concurrent sentences in all the three matters and the claim of
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C.C. No.1200725/PW/2020 CNR No.MHMM18-003183-2020,
C.C. No.1200726/PW/2020 CNR No.MHMM18-003184-2020
C.C. No.1200790/PW/2020 CNR No.MHMM18-003564-2020
State Vs. Mohd. Malik Sayyad, Dharavi Police Station
leniency needs due consideration. He seems to be from poor family and
the chance to mend conduct also needs to be granted to him. As such I
am of the opinion that following sentence will serve cause of justice :
ORDER
A. Accused is convicted under Section 241 of the Code of Criminal
Procedure, for an offence punishable under Sections 380, 454 and 457 of
Indian Penal Code in 725/PW/2020, and sentenced to suffer rigorous
imprisonment for three months for an offence punishable under Section
380 of Indian Penal Code and rigorous imprisonment for six months for
each of the offence punishable under Sections 454 and 457 of Indian
Penal Code. All these sentences shall run concurrently.
B. Accused is convicted under section 241 of the Code of Criminal
Procedure, for an offence punishable under section 380, 454 and 457 of
Indian Penal Code in 726/PW/2020, and sentenced to suffer rigorous
imprisonment for three months for an offence punishable under Section
380 of Indian Penal Code and rigorous imprisonment for six months for
each of the offence punishable under Sections 454 and 457 of Indian
Penal Code. All these sentences shall run concurrently.
C. Accused is convicted under section 241 of the Code of Criminal
Procedure, for an offence punishable under section 380, 454 and 457 of
Indian Penal Code and section 142 of Maharashtra Police Act, 2016 in
790/PW/2020, and sentenced to suffer rigorous imprisonment for three
months for each of the offence punishable under Section 380 of Indian
Penal Code and Section 142 of Maharashtra Police Act, 2016, and also
suffer rigorous imprisonment for six months for each of the offence
punishable under Sections 454 and 457 of Indian Penal Code. All these
sentences shall run concurrently.
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C.C. No.1200725/PW/2020 CNR No.MHMM18-003183-2020,
C.C. No.1200726/PW/2020 CNR No.MHMM18-003184-2020
C.C. No.1200790/PW/2020 CNR No.MHMM18-003564-2020
State Vs. Mohd. Malik Sayyad, Dharavi Police Station
D. The sentences in all the three matters shall also run concurrently.
E. Accused is in custody since 09.09.2020, 14.09.2020 and
22.09.2020 in case no.790/PW/2020, 725/PW/2020 and 726/PW/2020
respectively. Therefore, he is entitled to set off as per section 428 of the
Code of Criminal Procedure and hence, shall be released forthwith if not
required in any other offence.
F. Copy of this order shall be kept in all the matters and it shall be
given free of cost to the accused.
Sd/-
BANDRA, MUMBAI (KOMALSING RAJPUT)
DATE : 03.08.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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