Final Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT MUMBAI CENTRAL, MUMBAI.
C. C. NO. 288/PW/2023. Exh. :
The State of Maharashtra,
Through Police Station Officer,
Bandra Railway Police Station, Mumbai.
(C. R. No. 158/2023). .… Complainant.
V/s.
Ahmad Mohd. Shoeb Shaikh
Age : 22 Years., Occupation : NIL.
R/o. : Bandra (E), Mumbai. .… Accused.
Charge : Punishable under section 379 of Indian Penal Code.
JUDGMENT
(Delivered on 08th day of June, 2023)
Today the accused is present before the Court through
video conferencing mode. The accused voluntarily pleads guilty. I
therefore, hold accused guilty for the offence punishable under section
379 of Indian Penal Code and proceed to hear him on the point of
sentence.
2. I have heard the accused on the point of sentence.
3. The accused submits that he is poor person and the only
income source of his family and requests to take lenient view, while
imposing sentence upon him.
4. Considering the nature of offence and the grounds put
forth by the accused I am of the view that the following sentence would
be sufficient to meet the ends of justice. Hence, I pass the order :
ORDER
(01) The accused viz. Ahmad Mohd. Shoeb Shaikh is
convicted vide section 241 of the Criminal Procedure
Code for the offence punishable under section 379 of
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the Indian Penal Code and he is sentenced to suffer
Rigorous Imprisonment for 03 (Three) Months and to
Pay fine of Rs.5,000/ (Five Thousand) in default of
payment of fine accused is sentenced to suffer Simple
Imprisonment for 01 (One) Month.
(02) The period of detention, if any undergone by the
accused during investigation / inquiry or trial of the
case, be set off from the term of imprisonment
imposed on him vide section 428 of the Code of
Criminal Procedure.
(03) The seized muddemal property is already returned to
the authorized person i.e. informant. Indemnity bond
executed by informant stands cancelled after appeal
period is over.
(04) Sentenced passed in this case shall run concurrently
with C.C. No. 286/PW/2023, 289/PW/2023 vide
section 427 of Criminal Procedure Code.
(05) Copy of judgment be given to the accused free of cost.
Date : 08/06/2023.
Sd/
(B. K. Gawande)
Metropolitan Magistrate,
36th Court, Mumbai Central,Mumbai.
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