Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 3137 PS 2021 State Vs Md. Istiyaq
CNR – MHMM18-004749-2021
ORDER BELOW EXH.1
1. Accused produced with charge-sheet/final report of investigation at
12.30 p.m. He is already on bail. Prima facie case made out. Cognizance taken
for offences punishable under Sections 188, 272 and 273 of Indian Penal Code.
2. 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. 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 Sections 188, 272 and 273 of Indian
Penal Code and he is sentenced to pay the fine of Rs.200/- for each of these
offences, i.e. accused shall pay Rs.600/- (Rs. Six Hundred 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.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 28.09.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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