Final Order 1

Order Details: Copy of Judgment
Pdf Text: THE COURT OF METROPOLITAN MAGISTRATE
12TH COURT, BANDRA, MUMBAI.
CASE NO.844/PW/2020 (C.R. NO.401/2020)
CHARGE
I, Jaydeo Y. Ghule, Metropolitan Magistrate, 12th Court, Bandra,
Mumbai, do hereby charge you :
Bhupesh Ram Shrivastav, Age : 24 years,
Occu.: Nil, Res. at – Bandra (W), Mumbai.
as follows :
That, you above named accused on 26.10.2020 at about 08.30 p.m.
near Hanuman Temple, Naik Nagar bus stop, LBS Road, Sion Dharavi,
Mumbai intending to take dishonestly a certain movable property i.e.
mobile phone out of the possession of informant Amir Ahmed Shaikh
without his consent, moved it in order to such taking and thereby
committed an offence punishable U/Sec.379 of IPC and within my
cognizance.
And I hereby direct that you be tried by me for the above offence.
Sd/
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
Date : 22.03.2021 12th Court, Bandra, Mumbai.
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STATEMENT AND PLEA OF THE ACCUSED BELOW CHARGE
CASE NO.844/PW/2020 (DHARAVI POLICE STATION)
Exh.
Bhupesh Ram Shrivastav, Age : 24 years,
Occu.: Nil, Res. at – Bandra (W), Mumbai.
1. Have you received the copies of police Papers?
Ans: Yes.
2. Have you understood the charge?
Ans: Yes.
3. Do you plead guilty?
Ans: Yes, I plead guilty. (As per Exh.3 of accused application
received from Jail by post.)
Before me,
Sd/
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai. Signature of Accused
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CASE NO.844/PW/2020 (DHARAVI POLICE STATION)
ORDER BELOW CHARGE
1. The present accused stands chargesheeted by Dharavi Police Station
in C.R. No.401/2020 for the offence punishable U/Sec.379 of IPC. It is the
case of the prosecution that accused on 26.10.2020 at about 08.30 p.m.
near Hanuman Temple, Naik Nagar bus stop, LBS Road, Sion Dharavi,
Mumbai intending to take dishonestly a certain movable property i.e.
mobile phone out of the possession of informant Amir Ahmed Shaikh
without his consent, moved it in order to such taking and thereby
committed an offence punishable U/Sec.379 of the Indian Penal Code.
2. The accused is in judicial custody since 26.09.2020. Since then he is
in judicial custody. During judicial custody he was ready to plead guilty
and he has send his plead guilty applications (Exh.3) dated 17.02.2021
which was received by this court near about February, 2021. I satisfied
myself that his plea is voluntary. Therefore, as accused pleaded guilty it
requires to pass conviction order. At the same time the request of the
accused that he is poor person and earning member of his family needs to
be considered. The accused is in jail custody for 05 months and 26 days.
Considering that accused is in jail for 05 months and 26 days lenient view
needs to be taken. Therefore, considering all these aspects I proceed to pass
the following order :
ORDER
i) The accused Bhupesh Ram Shrivastav is convicted for the offence
punishable U/Sec.379 of IPC as per section 241 of Cr. P.C. and sentenced
to suffer S.I. for 01 year.
ii) The accused is in jail custody since 26.09.2020. Therefore, set off for
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the above period be awarded to the concern accused from the substantive
jail sentence as per section 428 of Cr. P.C.
iii) Copy of the order be given free of cost to the accused.
iv) Inform the jailer accordingly.
Sd/
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
Date : 22.03.2021 12th Court, Bandra, Mumbai.
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