Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
C. C. NO. 2038/PS/2024
C. R. No. 408/2022 of Santacruz P. Stn.
1. Name of Accused :- Vinod Gajanan Bamne.
2. Offence complained :- P.U.S.279, 336 of I.P.C. & Sec. 184 of
M.V. Act.
3. Particulars of Offence :- That on 26/04/2022, in between 12.40
13.10 hours, in noentry on S. V. Road, Aasha Parekh Junction,
Santacruz (W), Mumbai, you accused were found driving vehicle
i.e. auto rickshaw bearing registration No.MH-02-DU-8671, so
rashly or negligently as to endanger human life or to be likely to
cause hurt or injury to any person and thereby committed an
offence punishable under section 279 of I.P.C. and within my
cognizance.
Secondly, That, you accused on above date, time and place drove
above mentioned vehicle, as to endanger human life and thereby
committed an offence punishable under section 336 Indian
Penal Code and within my cognizance.
Thirdly, on above mentioned date, time and place you accused,
drove your above mentioned vehicle at speed or in manner
which is dangerous to the public or which causes sense of alarm
to other road users and thereby committed an offence punishable
under section 184 of the Motor Vehicles Act and within my
cognizance.
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Plea of Accused :
Q.1: Have you received copy of Charge-sheet ?
Ans: Yes.
Q.2: Have you heard & understood the Charge now read over &
explained to you ?
Ans : Yes.
Q.3: Do you plea guilty ?
Ans : Yes.
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Signature of Accused
Before me,
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
Date : 29/02/2024.
JUDGMENT
1. The Hon'ble Bombay High Court directed that, from
27/02/2024 to till 03/03/2024 Special Drive for disposal of
unattended, petty, steal and ineffective cases be taken up. Therefore,
today the case is taken up for disposal in special drive. The accused is
alleged to have committed offence PUS. 279, 336 of I.P.C. and 184 of M.
V. Act. The accused has pleaded guilty voluntarily when the
consequences of pleading guilty were explained to him. Thus, the
accused will have to be convicted.
2. The Ld. APP argued for maximum punishment. However,
there is no evidence of the previous conviction of the accused under the
said Sections available on record.
3. Heard the accused on the point of sentence. He stated that,
he is only earning member in his family. His economic condition is not
sound. His family is totally dependent on him. He further stated that, it
is his first offence and he assured that, he will not commit any offence
in future.
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C. C. NO. 2038/PS/2022
C. R. No. 408/2022 of Santacruz P. Stn.
4. Considering the plea of the accused, following order is
passed.
ORDER
1) The accused is hereby convicted under Sec. 252 for the
offence PUS. 279 of Indian Penal Code and are
sentenced to pay fine of R.1,000/- (One Thousand)
and in default of payment of fine the accused is
sentenced to suffer Simple Imprisonment for Five (05)
days.
2) The accused is hereby convicted under Sec. 252 for the
offence PUS. 336 of Indian Penal Code and is
sentenced to pay fine of R.250/- (Two Hundred and
Fifty) and in-default of payment of fine the accused is
sentenced to suffer Simple Imprisonment for One (01)
day.
3) The accused is hereby convicted under Sec. 252 for the
offence PUS. 184 of M. V. Act and is sentenced to pay
fine of R.1,000/- (One Thousand) and in-default of
payment of fine the accused is sentenced to suffer
Simple Imprisonment for Five (05) days.
4) All sentences to run consecutively.
5) Seized property if any be returned to its lawful owner,
as per rule.
6) Proceeding closed. Case papers be filed.
Place : Mumbai.
Date : 29/02/2024.
SRD.
Sd/-
(A. B. Jadhav)
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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