Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 2510 PS 2021 State Vs. Paresh Shinde
CNR – MHMM18-003884-2021
ORDER BELOW EXH.1
1. Perused record. Accused 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 is convicted under Section 252 of the Code of Criminal
Procedure for offences punishable under section 279 and 336 of Indian Penal
Code and Accused is sentenced to pay the fine of Rs.1000/- each for these
offences, i.e. accused shall pay Rs.2000/- (Rs. Two Thousand Only) in
aggregate. 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.
c. Vehicle seized shall be handed over to accused.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 27.08.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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