Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 1807 PW 2022 State Vs Aman
CNR No.MHMM18-008817-2022
ORDER BELOW EXH.1
1. Today the accused appeared before this court through video
conferencing. The accused pleaded guilty to the offence. His plea is
voluntary as despite giving clear understanding to him about the effect of
punishment, he has pleaded guilty to the offence. Plea accepted.
2. Heard him on the point of sentence. He prayed for leniency besides
other grounds. Accused is in custody since 21.08.2022. There appears
substance in the submissions of Ld. Advocate for the accused pertaining
to the claim of leniency. Accused is very poor and committed said act
under some heat of passion or for something, which is not deliberate. At
the same time it should not be forgot that there is minimum sentence
provided for offence punishable under Section 4 r/w.25(1-B)(b) of Arms
Act, which shall not be less than one year. There is proviso annexed to
this Section, which lays down that for adequate and special reasons, a
punishment less than minimum punishment can be awarded. The weapon
found is knife, of very small size. As mentioned above accused is very
poor and not committed said act deliberately. Therefore, considering the
nature of offence and his prayer, following order :
ORDER
A. The accused is convicted under Section 241 of the Code of
Criminal Procedure, for an offence punishable under Section 4 r/w.25 of
Arms Act and 37 (1), 135 of Maharashtra Police Act, 2016 and sentenced
to suffer simple imprisonment for one month for each of the offence.
B. Both the sentences shall run concurrently.
C. He is entitled to set off as per Section 428 of the Code of Criminal
Procedure. As he is in jail since 21.08.2022, the punishment has already
been undergone by him, therefore, he shall be released forthwith if not
required in any other offence.
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C. C. No. 1807 PW 2022 State Vs Aman
CNR No.MHMM18-008817-2022
D. The property seized being worthless, shall be destroyed.
E. Copy of this order to be given free of cost to the accused.
Sd/-
BANDRA, MUMBAI (KOMALSING RAJPUT)
DATE : 27.09.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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