Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 4142 PS 2022 State Vs. David
Dharavi P.S., Spl. L.A.C. No.974/2022
CNR-MHMM18-006931-2022
ORDER BELOW EXH.1
1. Accused produced with charge-sheet/final report of investigation at 01.30
p.m. No complaint of ill-treatment at the hands of police. Taken in M.C.R. till
01.08.2022.
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. On account of urgency to see
his mother 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.
c. Copy of this order shall be given free of cost to accused
MUMBAI (KOMALSING RAJPUT)
DATE – 19.07.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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