Final Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT MUMBAI CENTRAL, MUMBAI.
C. C. NO. 300/PW/2023. Exh. :
The State of Maharashtra,
Through Police Station Officer,
Mumbai Central Railway Police Station, Mumbai.
(C. R. No. 233/2023). .… Complainant.
V/s.
Hemant Bharat Chauhan
Age : 25 Years., Occupation : Nil.
R/o. : Bandra East, 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 Conference. 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. Hemant Bharat Chauhan is convicted
vide section 241 of the Criminal Procedure Code for
the offence punishable under section 379 of the Indian
Penal Code and he is sentenced to suffer Rigorous
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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) The sentence shall run concurrently in C.C.
278/PW/2023 and C.C 299/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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