Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
12TH COURT, BANDRA, MUMBAI
(PRESIDED OVER BY JAYDEO Y. GHULE)
CASE NO.1031/PW/2018 (BANDRA POLICE STATION)
Exh.
CHARGE
3. Kisan Zinkan Yadav @ Chaddi Bhayya, Age.: 46 years,
Occ.: Nil, Res. at : Chembur, Mumbai.
I, Jaydeo Y. Ghule, Metropolitan Magistrate, 12th Court, Bandra,
Mumbai charge you accused above name as follows :
That you accused above named along with accused no.1. Sanjay
Dattaram Mangade and 2. Mahendra Dataran Solanki in furtherance of
your common intention on 23.02.2018 at about 13.30 hrs. in front of Noor
Medical, 42 Dalal House, N. L. Road, Nandi Lane, Bandra (W), Mumbai
cheated the informant Harishchandra Govind Patil by dishonestly inducing
him to deliver the property i.e. gold chain belonging to informant to you and
thereby committed an offence punishable U/Sec.420 r/w 34 of the Indian
Penal Code and within my cognizance.
And I hereby direct that you be tried before me for the above
offences.
Sd/
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
Date : 23.03.2021 12th Court, Bandra, Mumbai.
The contents of the above charge are read over and explained to the
accused in vernacular to the accused in V.C. to which accused pleaded
guilty.
Sd/
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
Date : 23.03.2021 12th Court, Bandra, Mumbai.
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STATEMENT AND PLEA OF THE ACCUSED BELOW CHARGE
CASE NO.1031/PW/2018 (BANDRA POLICE STATION)
Exh.
3. Kisan Zinkan Yadav @ Chaddi Bhayya, Age.: 46 years,
Occ.: Nil, Res. at : Chembur, Mumbai.
1. Have you received Case Papers?
Ans : Yes.
2. Have you understood the charge?
Ans : Yes.
3. Do you plead guilty?
Ans : Yes.
Signature of the Accused.
Before Me,
Sd/
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
23.03.2021
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CASE NO.1031/PW/2018 (BANDRA POLICE STATION)
ORDER BELOW CHARGE
1. The present accused stands chargesheeted by Bandra Police Station
in C.R. No.132/2018 for the offence punishable U/Sec.420 r/w 34 of IPC.
It is the case of the prosecution that the accused above named along with
accused no.1. Sanjay Dattaram Mangade and 2. Mahendra Dataran Solanki
in furtherance of their common intention on 23.02.2018 at about 13.30
hrs. in front of Noor Medical, 42 Dalal House, N. L. Road, Nandi Lane,
Bandra (W), Mumbai cheated the informant Harishchandra Govind Patil by
dishonestly inducing him to deliver the property i.e. gold chain belonging to
informant to him and thereby committed an offence punishable U/Sec.420
r/w 34 of IPC.
2. The accused is in jail custody since 15.03.2018. Since then he is in
judicial custody. The case is at part heard. During V.C. he is ready to
plead guilty. The accused send his voluntarily pleaded guilty application
17.02.2021 through post. I satisfied myself that his plea is voluntary.
Therefore, as accused pleaded guilty it requires to pass conviction order. At
the same time the request of the accused that he is in jail since more than
three years needs to be considered. The accused is in jail custody for more
than three years. Considering that accused is in jail for more than three
years, lenient view needs to be taken. Therefore, considering all these
aspects I proceed to pass the following order :
ORDER
i) The accused no.3. Kisan Zinkan Yadav @ Chaddi Bhayya is convicted
for the offence punishable U/Sec.420 of IPC as per section 241 of Cr. P.C.
and sentenced to suffer Simple Imprisonment for 03 years.
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ii) The accused is in jail custody since 15.03.2018. Therefore, set off for
the above period be awarded to the concern accused from the substantive
jail sentence as per section 428 of Cr. P.C.
iii) Muddemal property i.e. gold chain of Rs.20,000/ is already returned
to the informant.
iv) Copy of the order be given free of cost to the accused.
v) Inform the jailer accordingly.
Sd/
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
Date : 23.03.2021 12th Court, Bandra, Mumbai.
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