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Final Order 1

CNR MHMM18007996201918 Apr 2022
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Final Order 1 · 18 Apr 2022 · CNR MHMM180079962019

Order Details: Order Below EX 1
Pdf Text: C. C. No. 2962 PS 2019 State Vs. Asif
CNR – MHMM18-007996-2019
ORDER BELOW EXH.1
1. Perused record. Accused filed pursis and pleaded guilty to the
offence. The consequences pertaining to possible punishment made him
understand. Despite that he 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 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 is convicted under Section 252 of the Code of
Criminal Procedure for offences punishable under section 279 and 337 of
Indian Penal Code and Accused is sentenced to pay the fine of Rs.1,000/-
each for these offences, i.e. accused shall pay Rs.2,000/- (Rupees Two
Thousand Only) in aggregate. 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 – 18.04.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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