Final Order 1

Order Details: Order Below EX 1
Pdf Text: ORDER BELOW EXHIBIT - 01
1. Perused record. Accused filed pursis and pleaded guilty to the offence.
The consequences pertaining to possible punishment made him understand.
Despite that he 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. 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 offence punishable under Section 285 of Indian Penal Code,
and Accused is sentenced to pay the fine of Rs.1,200/-. In default accused
shall suffer simple imprisonment for a period of one week for whole
amount.
b. The muddemal property be returned to the accused.
c. Copy of this order shall be given free of costs to the accused.
MUMBAI (KOMALSING RAJPUT)
DATE – 16.11.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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