Final Order 2

Order Details: Order Below EX 1
Pdf Text: ORDER BELOW EXH.1
1. Perused record. Accused filed pursis and pleaded guilty to the
offence. The consequences pertaining to possible punishment made them
understand. Despite that he is ready to plead guilty and as such his 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 accused is poor and unemployed, there
are dependents on him. It is his first act. 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. Allegations are not much
serious and stake involved is also not much high. 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 is convicted under Section 241 of the Code of
Criminal Procedure for offences punishable under Section 393 of Indian
Penal Code and Section 37(1)(A) r/w. 135 of Maharashtra Police Act.
b. The accused is sentenced to suffer simple imprisonment for one
day and fine of Rs.100/- for an offence punishable under Section 393 of
Indian Penal Code and simple imprisonment for one day for an offence
punishable under Section 37(1)(A) r/w. 135 of Maharashtra Police Act.
c. Both the substantive sentences shall run concurrently. In default of
payment of fine accused shall suffer simple imprisonment till rising of the
court.
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d. Accused is in custody for a period of two days from 07.06.2020 to
09.06.2020. Therefore, he is entitled to set off as per Section 428 of the
Code of Criminal Procedure and hence, shall be released forthwith as not
required in any other offence.
e. Copy of this order shall be given free of costs to the accused.
MUMBAI (KOMALSING RAJPUT)
DATE – 05.08.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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