Final Order 1

Order Details: Order Below EX 1
Pdf Text: 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. Advocate for the 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 a person of repute, have no criminal
antecedents and committed the act due to inadvertence. There are
dependents on him. Offence is not much serious. 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. Allegations are not much
serious and it appears that accused has 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, to
be used in day to day life for household work. As mentioned above
accused not committed said act deliberately.
4. If all these aspects and submissions of Ld. A.P.P. collectively
considered, I am of the opinion that rather than awarding substantive
minimum sentence, leniency needs to be shown, and as such following
sentence will serve the cause of justice. Therefore, following order -
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ORDER
a. The accused is convicted under Section 252 of the Code of
Criminal Procedure for offences punishable under Section 4 r/w.25 of
Arms Act and Section 122 of Maharashtra Police Act and released on
admonition that he shall not commit such act again.
b. Accused shall furnish undertaking to that effect.
c. Copy of this order shall be given free of costs to the accused.
d. The knife seized, being worthless, shall be destroyed after appeal
period.
MUMBAI (KOMALSING RAJPUT)
DATE – 12.09.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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