Final Order 1

Order Details: Order Below EX 1
Pdf Text: ORDER BELOW EXH.1
1. Accused persons produced with charge-sheet/final report of investigation
at 02.00 p.m. Prima facie case made out for offences punishable under Sections
188 and 269 of Indian Penal Code and Section 51-B of Disaster Management
Act. Cognizance taken.
2. Accused pleaded guilty to the offence. The consequences pertaining to
possible punishment made understand to the accused persons. Despite that
accused are ready to plead guilty and as such their 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 persons not deliberately committed the act. They are poor and
there are dependents on them. Offence is not much serious. They are 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 persons are convicted under Section 252 of the Code of
Criminal Procedure for offences punishable under Sections 188 and 269 of
Indian Penal Code and Section 51-B of Disaster Management Act and they are
sentenced to pay the fine of Rs.200/- each for these offences, i.e. accused
persons shall pay Rs.600/- (Rupees Six Hundred Only) each in aggregate. In
default accused persons shall suffer simple imprisonment for a period of one
week for whole amount each.
b. Copy of this order shall be given free of costs to the accused persons.
MUMBAI (KOMALSING RAJPUT)
DATE – 04.07.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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