Final Order 1

Order Details: Order Below EX 1
Pdf Text: ORDER BELOW EXHIBIT - 01
1. Accused produced with charge-sheet/final report of investigation at
01.55 p.m. They are already on bail. Prima facie case made out. Cognizance
taken for offences punishable under Sections 188, 285 and 336 r/w. 34 of
Indian Penal Code.
2. Accused filed applications and pleaded guilty to the offence. The
consequences pertaining to possible punishment made them understand.
Despite that they 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 not deliberately committed
the act. 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 are convicted under Section 252 of the Code of Criminal
Procedure for offences punishable under Sections 188, 285 and 336 r/w. 34
of Indian Penal Code.
b. Accused are sentenced to pay the fine of Rs.200/- each for the offence
punishable under Section 188 of Indian Penal Code.
c. Accused are sentenced to pay the fine of Rs.1,200/- each for the
offences punishable under Sections 285 and 336 of Indian Penal Code, i.e.
accused shall pay Rs.1,400/- each (Rupees One Thousand Four Hundred
Only) in aggregate. In default accused shall suffer simple imprisonment for
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a period of one week for whole amount.
d. The muddemal property being worthless be destroyed after appeal
period.
e. Copy of this order shall be given free of costs to the accused.
MUMBAI (KOMALSING RAJPUT)
DATE – 20.11.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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