Interim Order 1

Order Details: Copy of Judgment
Pdf Text: THE COURT OF METROPOLITAN MAGISTRATE
12TH COURT, BANDRA, MUMBAI.
CASE NO.920/PW/2020 (C.R. NO.596/2020)
CHARGE
I, Jaydeo Y. Ghule, Metropolitan Magistrate, 12th Court, Bandra,
Mumbai, do hereby charge you :
2. Arjun Gokul Gaikwad @ Jitu, Age : 26 years,
Occu.: Labour, Res. at – Bandra (W), Mumbai.
as follows :
That, you above named accused along with accused no.1. Vinod
Digambar Gaikwad @ Kalya in furtherance of your common intention on
20.09.2020 at about 22.30 hrs. at road in front of Rangsharada Hotel,
Bandra (W), Mumbai voluntarily caused hurt on right hand of informant
Anil Ramakant Ram in committing or attempting robbery of cash of Rs.20/
and thereby committed an offence punishable U/Sec.394 r/w 34 of the
Indian Penal Code and within my cognizance.
And I hereby direct that you be tried by me for the above offence.
Sd/
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
Date : 06.05.2021 12th Court, Bandra, Mumbai.
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STATEMENT AND PLEA OF THE ACCUSED BELOW CHARGE
CASE NO.920/PW/2020 (BANDRA POLICE STATION)
Exh.
2. Arjun Gokul Gaikwad @ Jitu, Age : 26 years,
Occu.: Labour, Res. at – Bandra (W), Mumbai.
1. Have you received the copies of police Papers?
Ans: Yes.
2. Have you understood the charge?
Ans: Yes.
3. Do you plead guilty?
Ans: Yes, I plead guilty. (As per Exh.3 of accused application
received from Jail by post.)
Before me,
Sd/
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai. Signature of Accused no.2.
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CASE NO.920/PW/2020 (BANDRA POLICE STATION)
ORDER BELOW CHARGE
1. The present accused stands chargesheeted by Bandra Police Station
in C.R. No.596/2020 for the offence punishable U/Sec.394 r/w 34 of IPC.
It is the case of the prosecution that accused no.2 along with accused no.1.
Vinod Digambar Gaikwad @ Kalya in furtherance of your common
intention on 20.09.2020 at about 22.30 hrs. at road in front of
Rangsharada Hotel, Bandra (W), Mumbai voluntarily caused hurt on right
hand of informant Anil Ramakant Ram in committing or attempting
robbery of cash of Rs.20/ and thereby committed an offence punishable
U/Sec.394 r/w 34 of the Indian Penal Code.
2. The accused no.2 is in judicial custody since 24.09.2020 Since then
he is in judicial custody. During judicial custody he is ready to plead guilty
and he has send his plead guilty application (Exh.3) dated 15.03.2021
which was received by this court near about 09.04.2021. I satisfied myself
that his plea is voluntary. Therefore, as accused pleaded guilty it requires
to pass conviction order. The accused no.2 is in jail custody for 07 months
and 12 days. Considering that accused no.2 is in jail for 07 months and 12
days lenient view needs to be taken. Therefore, considering all these
aspects I proceed to pass the following order :
ORDER
i) The accused no.2. Arjun Gokul Gaikwad @ Jitu is convicted for the
offence punishable U/Sec.394 of IPC as per section 241 of Cr. P.C. and
sentenced to suffer R.I. for 03 years.
ii) The accused no.2 is in jail custody since 24.09.2020. Therefore, set
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off for the above period be awarded to the concern accused from the
substantive jail sentence as per section 428 of Cr. P.C.
iii) Copy of the order be given free of cost to the accused.
iv) Inform the jailer accordingly.
Sd/
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
Date : 06.05.2021 12th Court, Bandra, Mumbai.
srp
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