Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 2223 PS 2022 State Vs Saurav and ors.
CNR No.MHMM18-003839-2022
ORDER BELOW EXH.1
1. Perused record. Cognizance taken. Out of four accused persons,
except Accused No.2, Mr. Mohd. Abbas Safdar Hussain, other accused
persons pleaded guilty to the offence. The consequences pertaining to
possible punishment made them understand. Despite that accused are ready
to plead guilty and as such their 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. They are poor and unemployed, there are dependents on them.
Offence is not much serious. Accused are 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.
4. So far as remaining accused is concerned, the allegations reflects that
they are vague and not much serious. Securing his presence and proceeding
the trial is nothing but empty formality as basic requirements to constitute
offence for convicting accused on merits are missing. Considering these
aspects and the above discussed facts following order -
ORDER
a. The Accused Nos.1, 3 and 4, are convicted under Section 252 of the
Code of Criminal Procedure for offences punishable under Sections 279 and
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C. C. No. 2223 PS 2022 State Vs Saurav and ors.
CNR No.MHMM18-003839-2022
336 of Indian Penal Code and Section 184 of Motor Vehicle Act and are
sentenced to pay the fine of Rs.200/- each for each of the offence punishable
under Sections 279 and 336 of Indian Penal Code and Section 184 of Motor
Vehicle Act.
b. Thus, each of the accused shall pay total fine amount of Rs.600/-
each, as a whole amount of fine. In default each of the accused shall suffer
simple imprisonment for a period of one week for whole amount each.
d. The seized property shall be handed over to its owner, retaining its
photographs.
e. Proceeding stopped in respect of remaining accused under Section
258 of Code of Criminal Procedure and he is discharged.
f. Copy of this order shall be given free of costs to the Accused Nos.1, 3
and 4.
MUMBAI (KOMALSING RAJPUT)
DATE – 10.11.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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