Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
JAIL COURT, MUMBAI CENTRAL PRISON, MUMBAI
(THROUGH VIDEO CONFERENCE)
CASE NO.2028/PW/2019 (LAC NO.180/2019)
I, Jaydeo Y. Ghule, Metropolitan Magistrate, Jail Court, Mumbai
Central Prison, Mumbai, do hereby charge you :
Shehbaj Shahid Khan, Age : 23 yrs.,
Occ.: Nil, Res.: Bandra (E), Mumbai.
as follows :
That you above named accused on 06.10.2019 at about 05.10 hrs. in
front of Navpada School, near Bandra Lake, Gurunanak Road, Bandra (W),
Mumbai was found in possession of a dangerous weapon i.e. iron knife
without licence and thereby committed the offence punishable U/Sec.4, 25
of Indian Arms Act and found in possession of dangerous weapon illegally
by making breach of order of Commissioner of Police, Mumbai as per
section 37 (1) of the Bombay Police Act and thereby committed offence
punishable U/Sec.135 of The Bombay Police Act and within my
cognizance.
And I hereby direct that you be tried by me for the above offence.
Sd/
Date : 31.03.2021 Metropolitan Magistrate, Jail Court,
Place : Mumbai. Mumbai Central Prison, 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/
Date : 31.03.2021 Metropolitan Magistrate, Jail Court,
Place : Mumbai. Mumbai Central Prison, Mumbai.
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STATEMENT AND PLEA OF THE ACCUSED BELOW CHARGE
CASE NO.2028/PW/2019 (BANDRA POLICE STATION)
Exh.
Shehbaj Shahid Khan, Age : 23 yrs.,
Occ.: Nil, Res.: Bandra (E), Mumbai.
1. Have you received the copies of police Papers?
Ans: Yes.
2. Have you understood the charge?
Ans: Yes.
3. Do you plead guilty?
Ans: Yes, I plead guilty.
Before Me, Accused
Sd/
Metropolitan Magistrate,
Jail Court, Mumbai Central Prison, Mumbai.
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C.C. No.2028/PW/2019
JUDGMENT ON ADMISSION
(Delivered on 31st day of March, 2021)
1. The present accused Shehbaj Shahid Khan stands chargesheeted by
Bandra Police Station in C.R. No.180/2019 for the offence punishable
U/Sec.4, 25 of Indian Arms Act and U/Sec.135 of The Bombay Police Act.
It is the case of the prosecution that the above named accused on
06.10.2019 at about 05.10 hrs. in front of Navpada School, near Bandra
Lake, Gurunanak Road, Bandra (W), Mumbai was found in possession of a
dangerous weapon i.e. iron knife without licence and thereby committed
the offence punishable U/Sec.4, 25 of Indian Arms Act and found in
possession of dangerous weapon illegally by making breach of order of
Commissioner of Police, Mumbai as per section 37 (1) of the Bombay
Police Act and thereby committed offence punishable U/Sec.135 of The
Bombay Police Act.
2. The accused is in judicial custody since 06.10.2019. Since then he is
in judicial custody. During V.C. he was ready to plead guilty and he has
send his plead guilty application dated 11.09.2020. 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 poor person and earning member of his family needs to be considered.
The accused is in jail custody for 18 months. Considering that accused is in
jail for 18 months lenient view needs to be taken. Therefore, considering all
these aspects I proceed to pass the following order :
O R D E R
1. Accused Shehbaj Shahid Khan is convicted vide section 252 of The
Criminal Procedure Code for the offence punishable U/Sec.4, 25 of
Indian Arms Act and U/Sec.135 of The Bombay Police Act. He is
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sentenced to suffer Simple Imprisonment for two years.
2. The accused is in jail custody since 06.10.2020. 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.
3. The iron knife as per LAC Muddemal No.26/2019 be send to District
Collector for disposal as per law.
4. Inform the jailer accordingly.
5. The copy of the Judgment be given to the accused free of cost.
Sd/
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
Jail Court, Mumbai Central Prison,
Date : 31.03.2021 Mumbai.
srp
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