Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 3852 PS 2022 State Vs. Khudrus
Shahunagar P.S., Spl. L.A.C. No.164/2021
CNR-MHMM18-006579-2022
ORDER BELOW EXH.1
1. Accused produced with charge-sheet/final report of investigation at
03.45 p.m. No complaint of ill-treatment at the hands of police. Taken in
M.C.R. till 28.07.2022.
2. Prima facie case made out. Cognizance taken of an offence punishable
U/Sec.142 of Maharashtra Police Act.
3. Accused pleaded guilty to the offence. Consequences pertaining to
punishment made him understand. Despite that he pleaded guilty to the
offence. It is submitted that he is poor and illiterate person. He is presently
residing out of Mumbai. On account of urgency to see his mother as she is ill,
he entered in the restricted area and his conduct is not willful. Further, he is
ready to remain abide by the condition and will not commit such act again.
Therefore, leniency shall be shown to him while awarding punishment.
4. Accused obeyed the externment order for about one year. His conduct
seems to be not deliberate. Further, he is ready to remain abide by the
condition. Considering the nature of offence and all these facts came on
record one chance needs to be granted to him. Rather than awarding
substantial punishment I am of the opinion that releasing him on admonition
after taking undertaking will serve the cause of justice. Therefore, following
order -
ORDER
a. Accused is convicted under Section 252 of Code of Criminal Procedure
and released on admonition under Section 5 of Probation of Offenders Act,
that he shall not commit the breach of externment order in future till its
existence.
b. He shall also furnish undertaking to that effect.
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C. C. No. 3852 PS 2022 State Vs. Khudrus
Shahunagar P.S., Spl. L.A.C. No.164/2021
CNR-MHMM18-006579-2022
c. Copy of this order shall be given free of cost to accused
MUMBAI (KOMALSING RAJPUT)
DATE – 15.07.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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