Final Order 1

Order Details: Order Below EX 1
Pdf Text: ORDER BELOW EXH.1
1. Taken up in Special Drive. Perused record. Accused persons filed
pursis 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.
2. Heard Ld. A.P.P. and accused persons 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. They are poor and 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 persons are convicted under Section 252 of the Code
of Criminal Procedure for offences punishable under Sections 279 and
336 r/w. 34 of Indian Penal Code.
b. Accused are sentenced to pay the fine of Rs.500/- each for the
offence punishable under Section 279 of Indian Penal Code.
c. Accused are sentenced to pay the fine of Rs.250/- each for the
offence punishable under Section 336 of Indian Penal Code.
d. Thus, accused persons shall pay total fine amount of Rs.750/- each,
as a whole amount of fine. In default accused persons shall suffer simple
imprisonment for a period of one week for whole amount each.
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e. The seized vehicles shall be handed over to its original owner on
due identification.
f. 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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