Order 2

Order Details: Order Below EX 1
Pdf Text: ORDER BELOW EXH.1
1. Taken up in Special Drive. Perused record. Accused No.2, Abbas
Shahjad Mirza, pleaded guilty to the offence. The consequences pertaining to
possible punishment made understand to the accused. Despite that accused 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.
He is poor and unemployed, 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 No.2, is convicted under Section 252 of the Code of
Criminal Procedure for offences punishable under Section 279 and 336 of
Indian Penal Code and Section 128 r/w. 177, 184 of Motor Vehicles Act,
and Accused is sentenced to pay the fine of Rs.200/- each, in aggregate
accused shall pay total amount of Rs.800/-, towards whole amount of
fine. In default accused shall suffer simple imprisonment for a period of
one week for whole amount.
b. Copy of this order shall be given free of costs to the accused.
MUMBAI (KOMALSING RAJPUT)
DATE – 04.05.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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