Interim Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
C. C. NO. 3943/PS/2023
C. R. No. 464/2023 of BKC P. Stn.
1. Name of Accused :- Sohrab Rustam Shaikh.
2. Offence complained :- P.U.S.279, 336 of I.P.C. & Sec. 184
of M.V. Act.
3. Particulars of Offence :- That on 10/09/2023, at about
02.00 hours, at MTNL, BKC (E), Mumbai, you accused were
found driving vehicle i.e. motor vehicle bearing registration
No.MH-02-FQ-5364, so rashly or negligently as to endanger
human life or to be likely to cause hurt or injury to any person
and thereby committed an offence punishable under section
279 of I.P.C. and within my cognizance.
Secondly, That, you on above date, time and place drove
above mentioned vehicle, as to endanger human life and thereby
committed an offence punishable under section 336 Indian Penal
Code and within my cognizance.
Thirdly, on above mentioned date, time and place you accused,
drove your above mentioned vehicle at speed or in manner
which is dangerous to the public or which causes sense of
alarm to other road users and thereby committed an offence
punishable under section 184 of the Motor Vehicles Act and
within my cognizance.
-- 1 of 3 --
...2...
Plea of Accused :
Q.1: Have you received copy of Charge-sheet ?
Ans: Yes.
Q.2: Have you heard & understood the Charge now read over &
explained to you ?
Ans : Yes.
Q.3: Do you plea guilty ?
Ans : Yes.
------------
Signature of Accused
Before me,
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
JUDGMENT
1. The accused is alleged to have committed offence PUS. 279, 336
of I.P.C. and 184 of M. V. Act. The accused has pleaded guilty voluntarily
when the consequences of pleading guilty were explained to him. Thus,
the accused will have to be convicted.
2. The Ld. APP argued for maximum punishment. However, there is
no evidence of the previous conviction of the accused under the said
Sections available on record.
3. Heard the accused on the point of sentence. He stated that, he is
only earning member in his family. His economic condition is not sound.
His family is totally dependent on him. He further stated that, it is his
first offence and he assured that, he will not commit any offence in
future.
4. Considering the plea of the accused, following order is passed.
-- 2 of 3 --
...3...
C. C. NO. 3943/PS/2023
C. R. No. 464/2023 of BKC P. Stn.
ORDER
1) The accused is hereby convicted under Sec. 252 for
the offence PUS. 279 of Indian Penal Code and is
sentenced to pay fine of R.1,000/- (One Thousand)
and in default of payment of fine the accused is
sentenced to suffer Simple Imprisonment for Five
(05) days.
2) The accused is hereby convicted under Sec. 252 for
the offence PUS. 336 of Indian Penal Code and is
sentenced to pay fine of R.250/- (Two Hundred and
Fifty) and in-default of payment of fine the accused is
sentenced to suffer Simple Imprisonment for One
(01) day.
3) The accused is hereby convicted under Sec. 252 for
the offence PUS. 184 of M. V. Act and is sentenced to
pay fine of R.1,000/- (One Thousand) and in-default
of payment of fine the accused is sentenced to suffer
Simple Imprisonment for Five (05) days.
4) All sentences to run consecutively.
5) Seized property in respect o accused if any be
returned to its lawful owner, as per rule.
6) Case be proceed against accused No.2. Vishal Sunil
Biyas.
Place : Mumbai.
Date : 29/09/2023.
SRD.
Sd/-
(A. B. Jadhav)
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
-- 3 of 3 --