Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 1477 PW 2017 State Vs Aarif
CNR No.MHMM18-004033-2018
COMMON ORDER BELOW
EXH.1 AND PLEAD GUILTY APPLICATION
1. Perused record. Heard both the sides.
2. The accused, Aarif Murtuza Shaikh, produced at 01.30 p.m. in
response to warrant served. No complaint of ill-treatment. He is taken in
M.C.R.
3. The accused pleaded guilty to the offence by filing separate pursis.
4. He is totally made aware of the consequences of the pleading guilty
to the offence. Despite that he is ready to plead guilty. His plea is
voluntary.
5. 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 from good and respectable family. There are
dependents on him. Offence is not much serious. It is contended that
accused caused injuries by sharpen object. Matter is old and accused is in
financial constraints and in view of these facts and circumstances, if
substantive sentence awarded, accused will suffer irreparable loss.
6. 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, Aarif Murtuza Shaikh, is convicted under Section 241
of the Code of Criminal Procedure for offences punishable under Sections
324 and 504 of Indian Penal Code.
-- 1 of 2 --
C. C. No. 1477 PW 2017 State Vs Aarif
CNR No.MHMM18-004033-2018
b. The accused is sentenced to pay the fine of Rs.1,000/- for the
offence punishable under Section 324 of Indian Penal Code and Rs.500/-
for the offence punishable under Section 504 of Indian Penal Code, i.e.
accused shall pay total amount of Rs.1,500/- towards whole fine and
sentenced to suffer simple imprisonment till rising of the court. In default
the accused shall suffer simple imprisonment for a period of one week for
whole amount.
c. Copy of this order shall be given free of costs to the accused.
MUMBAI (KOMALSING RAJPUT)
DATE – 16.12.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 2 of 2 --