Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 2465 PS 2021 State Vs Ayas
CNR – MHMM18-003831-2021
FURTER ORDER BELOW EXH.1
1. Perused record. Accused No.4, Omsai Ishwar Namugade, pleaded guilty
to the offence. The consequences pertaining to possible punishment made
understand to the accused. Despite that accused 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 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 No.4, Omsai Ishwar Namugade, is convicted under
Section 252 of the Code of Criminal Procedure for offences punishable
under section 279 and 336 of Indian Penal Code and Sections 129 r/w.
177 and Section 184 of Motor Vehicles Act, and Accused is sentenced to
pay the fine of Rs.200/- each, in aggregate accused shall pay total amount
of Rs.800/-, towards whole amount of fine. In default accused shall suffer
simple imprisonment for a period of one week for whole amount.
b. Copy of this order shall be given free of costs to the accused.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 21.09.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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C. C. No. 2465 PS 2021 State Vs Ayas
CNR – MHMM18-003831-2021
ORDER BELOW EXH.1
1. Perused record. Accused No.1, Ayas Ishaque Shah, pleaded guilty to the
offence. The consequences pertaining to possible punishment made understand
to the accused. Despite that accused 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 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 No.1, is convicted under Section 252 of the Code of
Criminal Procedure for offences punishable under section 279 and 336 of
Indian Penal Code and Sections 129 r/w. 177 and Section 184 of Motor
Vehicles Act, and Accused is sentenced to pay the fine of Rs.200/- each,
in aggregate accused shall pay total amount of Rs.800/-, towards whole
amount of fine. In default accused shall suffer simple imprisonment for a
period of one week for whole amount.
b. Copy of this order shall be given free of costs to the accused.
Sd/-
MUMBAI (KOMALSING RAJPUT)
D ATE – 21.09.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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