Final Order 1

Order Details: Order Below EX 1
Pdf Text: ORDER BELOW EXH.1
1. Accused persons produced with charge-sheet/final report of investigation
at 01.45 p.m. Prima facie case made out for offences punishable under Section
3 of Prevention of the Epidemic Diseases Act, r/w. Section 188 of Indian Penal
Code and Sections 269 and 270 of Indian Penal Code. Cognizance taken.
2. Accused pleaded guilty to the offence. The consequences pertaining to
possible punishment made understand to the accused. Despite that accused are
ready to plead guilty and as such their 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. He is poor and unemployed, 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 are convicted under Section 252 of the Code of Criminal
Procedure for offences punishable under Section 3 of Prevention of the
Epidemic Diseases Act, r/w. Section 188 of Indian Penal Code and Sections 269
and 270 of Indian Penal Code and they are sentenced to pay the fine of Rs.200/-
each for these offences, i.e. accused shall pay Rs.600/- (Rupees Six Hundred
Only) each in aggregate. In default accused shall suffer simple imprisonment
for a period of one week for whole amount each.
b. Copy of this order shall be given free of costs to the accused.
MUMBAI (KOMALSING RAJPUT)
DATE – 05.05.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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