Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 7755 PS 2022 State Vs. Mohd. Hussain
CNR-MHMM18-012306-2022
ORDER BELOW EXH.1
1. Accused produced with charge-sheet/final report of investigation at
01.30 p.m. No complaint of ill-treatment at the hands of police. Taken in
M.C.R. till 09.12.2022.
2. Prima facie case made out. Cognizance taken of an offence punishable
U/Sec.142 of Maharashtra Police Act.
3. Accused pleaded guilty to the offence. Consequences pertaining to
punishment made him understand. Despite that he pleaded guilty to the
offence. It is submitted that he is poor and illiterate person. He is presently
residing at Ajmer. On account of urgency to see his wife he entered in the
restricted area and his conduct is not willful. Further, he is ready to remain
abide by the condition and will not commit such act again. Therefore,
leniency shall be shown to him while awarding punishment.
4. Accused obeyed the externment order for about one year. His mother is
also present in the court and Investigating Officer admitted the fact of her
illness. His conduct seems to be not deliberate. Further, he is ready to remain
abide by the condition. Considering the nature of offence and all these facts
came on record one chance needs to be granted to him. Rather than awarding
substantial punishment I am of the opinion that releasing him on admonition
after taking undertaking will serve the cause of justice. Therefore, following
order -
ORDER
a. Accused is convicted under Section 252 of Code of Criminal Procedure
and released on admonition under Section 5 of Probation of Offenders Act,
that he shall not commit the breach of externment order in future till its
existence.
b. He shall also furnish undertaking to that effect.
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C. C. No. 7755 PS 2022 State Vs. Mohd. Hussain
CNR-MHMM18-012306-2022
c. Copy of this order shall be given free of cost to accused
MUMBAI (KOMALSING RAJPUT)
DATE – 25.11.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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