Final Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT MUMBAI CENTRAL, MUMBAI.
C. C. NO. 601/PW/2018. Exh. :
The State of Maharashtra,
Through Police Station Officer,
Railway Police Station, Bandra, Mumbai.
(C. R. No. 2149/2018).
…. Complainant.
V/s.
1
2
Ashok Saiappa Mangali.
Age : 24 Years. Occupation : Nil.
R/o. : Dharavi (E), Mumbai.
Mallesh Sharanappa Desai.
Age : 26 Years. Occupation : Nil.
R/o. : Dharavi (E), Mumbai. …. Accused.
Charge : Punishable under section 392 r/w. 34 of Indian Penal
Code r/w. 147 of Indian Railways Act.
JUDGMENT
(Delivered on 10th day of February, 2020)
Today both accused are produced before Court through
video conference. Both accused are in judicial custody in response to
Non Bailable Warrant issued against them. Today both accused
voluntarily pleads guilty. Therefore, both accused are liable to be
convicted. They have submitted that they feel repentance for the act
committed by them and they are poor persons. Further, they submitted
that they are only earning members of their families. Therefore, both
accused prayed for leniency. According to prosecution accused
committed theft of mobile handset by illegally entering into railway
premises. It appears accused jumped over the bail, hence, N.B.W. was
issued against them and were remanded to judicial custody. From
17/09/2019 accused No.1 and from 19/09/2019 accused No.2, is in
judicial custody. Considering submissions of accused, in my view,
lenient view will have to be taken, while imposing sentence. Hence, I
pass the order :
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ORDER
(01) Accused No.1. Ashok Saiappa Mangali and No.2.
Mallesh Sharanappa Desai are convicted for the
offence punishable under section 392 r/w. 34 of the
Indian Penal Code vide section 241 of the Code of
Criminal Procedure and they are sentenced to suffer
Imprisonment for a period which they are already
undergone each and to pay fine of `200/ I.D. R.I. 02
(Two) days each.
(02) Accused No.1. Ashok Saiappa Mangali and No.2.
Mallesh Sharanappa Desai are convicted for the
offence punishable under section 147 of the Indian
Railway Act vide section 241 of the Code of Criminal
Procedure and they are sentenced to suffer
Imprisonment for a period which they are already
undergone each and to pay fine of `200/ I.D. R.I. 02
(Two) days each.
(03) Both sentence to run concurrently.
(04) Set off under section 428 of the Code of Criminal
Procedure be given in sentence, to accused No. 1
from 24/08/2018 to 06/10/2018 and 17/09/2019
till date and to accused No. 2 from 24/08/2018 to
06/10/2018 and 19/09/2019 till date.
(05) Seized muddemal i.e. Vivo made mobile handset,
Model No. Y15 S, Black color, I.M.E.I. No.
867770028623056 and 867770028623049 be
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C.C. No. 601/PW/2018 ~3~ Judgment
returned to the informant viz. Manish Magan
Valodra, R/o. B.M.C. Quarters, Room No.13, Juhu
Church, A. B. Nair Road, Vileparle (W), Mumbai –
49.
(06) Copy of judgment be given to accused free of cost.
Date : 10/02/2020.
SRD.
Sd/
(G. P. Bawaskar)
Metropolitan Magistrate,
36th Court, Mumbai Central,
Mumbai.
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