Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
C. C. NO. 4676/PS/2023
C. R. No. 547/2023 of BKC P. Stn.
1. Name of Accused No.4 :- Sameer Sultanali 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 30/09/2023, in between
00.05 to 01.20 hours, Opposite Family Court, Bandra-Kurla Link
Road, BKC, Bandra (E), Mumbai, you accused were found driving
vehicle i.e. motor cycle bearing registration No.MH-03-CW-9357,
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 accused No.4 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.
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Plea of Accused No.4 :
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.
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Signature of Accused No.4.
Before me,
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
Date :30/10/2023.
JUDGMENT
1. The accused No.4 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 No.4
under the said Sections available on record.
3. Heard the accused No.4 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 No. 4, following order
is passed.
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C. C. NO. 4676/PS/2023
C. R. No. 547/2023 of BKC P. Stn.
ORDER
1) The accused No.4 is hereby convicted under Sec. 252
for the offence PUS. 279 of Indian Penal Code and
are 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 No.4 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 No.4 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 if any in respect of accused No.4, it
be returned to its lawful owner, as per rule.
6) Case be proceed against accused No.1 Irfan Asif Ali,
No.2 Mohd. Mubarak Mohd. Jahur, No.3 Asif Wahid
Ali Shaikh, No.5 Shaikh Soel Abdul Sattar and No.6
Numan Shaikh Abdul Gani Shaikh.
Place : Mumbai.
Date :30/10/2023.
SRD.
Sd/-
(A. B. Jadhav)
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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