Court : Mumbai
Reported in : 2006(4)ALLMR26; 2006(3)BomCR497; 2006(5)MhLj759
..... were stereotype such as, accused was described to be poor and respectable, he had a large family to support, he was a sole earning member, that it was his first offence, accused by pleading guilty had saved public time; (c) at times, applications by the accused, praying to record his plea of guilty and leniency were incorporated in the judgment to add to the reasons for taking lenient view disregarding the fact that in the majority of these applications it was also pleaded that ..... between 3rd january 1992 and 3rd february 1992, he disposed of twenty six criminal cases (enlisted at serial no.9 in the list of document) under the prevention of food adulteration act, 1854 accepting plea of guilty of the accused persons and lenient sentences are passed under the following circumstances, namely: (a) all these cases irregularities, namely, before charge was not sentences lesser prescribed by law suffered from the evidence ..... judgment, which is indicative of the fact that decisions were pre-determine for example criminal case nos.4120/84 and 231/89; (e) as many as five accused persons have pleaded guilty and escaped with leniency in two cases on the same day; (f) accused kirshchand pleaded guilty in as many as three cases on the same very day but was still favoured with lenient sentences in all the cases; (g) quite a good number of cases were taken on ..... (2) that on 19th december, 1991, you accepted plea of guilty of two accused, girdharilal and gul girdharilal, in criminal case no.782/82. .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(4)BomCR330; 1992CriLJ1384
..... on their own plea of guilty of offence the accused attempted to surreptitiously bring into india contraband gold worth more than rs. ..... since the conviction of the respondents is on their plea of guilty, shri p. ..... once an accused is found guilty of a given offence, then the sentence to be awarded is to be considered irrespective of the sex of the accused. ..... 1 and 2, on their own admission and on the basis of the investigation papers, the additional chief metropolitan magistrate, 3rd court, esplanade, bombay, held them guilty of the offences charged. 5. ..... 1 and 2 are guilty of the offences charged, the submissions of the prosecutor and the counsel for defence on the question of sentence to be awarded were heard and the learned magistrate has stated his reasons in paragraphs 5 to 8 of his judgment. ..... 1 and 2 pleaded guilty. .....
Tag this Judgment!Court : Mumbai
Reported in : 1989(1)BomCR287
..... the accused did not in any way challenged the plea of guilty and the conviction is based on his plea of guilty for the offence under section 26(g) of the indian forest act. ..... 50,000/- and that was put to the accused while explaining the particular of the offence and the accused in clear terms pleaded guilty and stated that he was transporting stones loaded in the trick no. ..... the accused who are found guilty of such forest offences must be adequately punished. ..... no order of imprisonment was passed by the learned magistrate while disposing of the criminal case of the admission of the guilty by the accused rajendra hilal patil. ..... the learned judicial magistrate explained particulars of the offence to the accused and the accused pleaded guilty to the offence. ..... mohamad khan, which clearly makes out a difference in the connotation of the words 'confiscation' and 'forfeiture' forfeiture is always by way of penalty and that can be levied only against the accused who has been found guilty of the offence. .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(2)BomCR433
..... on the basis of the plea of guilty an order of dismissal was passed on 15th june, 1989. ..... it is specifically stated that 'i say that the petitioner had pleaded guilty to the specific question by the court asking him whether he was guilty or not to the charge preferred against him to which he answered that he was guilty. ..... it is further stated that the punishment of dismissal was imposed on the petitioner on account of the fact that he pleaded guilty to the charge. ..... the very same plea has been made by the petitioner to the competent authorities by way of statutory appeal as also by way of mercy petition. ..... ' he pleaded guilty to the charge. ..... this plea of duress seems to have been taken just for the sake of being taken in the writ petition. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1974Bom181; 1974MhLJ338
..... ' the appellant before the court of criminal appeal was a person who had pleaded guilty and the argument there was that since the judgment of conviction was pronounced without any verdict and was in consequence of the plea of guilty, the court had no power to substitute any other sentence for the one which was quahed. ..... yet, were we to hold that these words 'warranted in law by the verdict' do apply to a case in which sentence has followed on a plea of guilty, we could give them no other effect. ..... ' the court of appeal thus held, ignoring those words, that even in a case where the appeal was by a person, who had pleaded guilty, after the sentence was quahed, the new sentence could be substituted.8. ..... they are not necessary to enable the court to pass a substituted sentence for one quashed where the appellant has been found guilty by a jury, and we cannot believe that they were deliberately inserted for the express purpose of disabling the court or limiting its power on the consideration of an appeal against sentence by one who has pleaded guilty. ..... , rejecting the contention of the accused, observed as follows:'it appears to us unreasonable to place the court of criminal appeal in the position of having either to leave the sentence untouched or to release the guilty person unpunished. .....
Tag this Judgment!Court : Mumbai
Reported in : 1986(2)BomCR428; (1986)88BOMLR217; 1986MhLJ323
..... 1 accused two cases for the same kind of offence were tried together and the accused pleaded guilty and the learned metropolitan magistrate accepted the plea of guilty and convicted him of the said offences. ..... the accused pleaded guilty to the charge levelled against him and the learned metropolitan magistrate accepted the plea of guilty and convicted the accused for the offence mentioned above and sentenced him to pay a fine of rs. ..... it was necessary for the learned metropolitan magistrate to convict the accused of each offence and pass separate sentences for both the offences to which the accused pleaded guilty. .....
Tag this Judgment!Court : Mumbai
Reported in : (1908)10BOMLR848
..... a disposition not to obey lawful authority of the government, or to subvert or resist that authority, if and when occasion should arise, and if he does so with the intention of creating such a disposition in his hearers or readers, he will be guilty of the offence of attempting to excite disaffection within the meaning of the section, though no disturbance is brought about by his words or any feeling of disaffection, in fact, produced by them'. ..... madams from the complainant, but before there was time to do anything further in pursuance of his purpose, the axe was snatched out of the accused's hands; held, that the accused was not guilty of an attempt to commit murder as neither of his acts could per se have caused death. ..... done nothing but considered and considered most anxiously in the eventuality of a verdict of guilty being returned against you what sentence to pass on you.67. ..... think i could pass consistently with my duty and consistently with the offence of which you have been found guilty a lighter sentence than that i am going to give you. ..... to a plea of guilty.davar, j.61 ..... you think that the accused is not guilty by all means without fear or favour ..... they are liable to be prosecuted and whether they are guilty of sedition, it is not our duty to inquire ..... your minds and if you think these are the articles that are legitimate articles that a journalist can write without transgressing the provisions of section 124a by all means return a verdict of not guilty in favour of the accused. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom332; (1951)53BOMLR108; ILR1951Bom467
..... the effect of these two sections read together is that the accused is to be charged with the previous convictions at the same time when he is charged with the subsequent offence, & if he is found guilty of that offence, he will be tried on the charge of previous convictions, by reason of which he is liable to enhanced punishment. ..... there was, therefore, a plea of guilty, upon which the learned mag. ..... 253 shri walavalkar took up the point that the plea of the accused was not properly taken down. ..... the conviction in each case was based upon a plea of the accused, viz. ..... now, the plea that was taken down is to be found in col. no. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)ALLMR126; 1999(2)BomCR771; (1998)3BOMLR228
..... this case the supreme court held that as the offences were committed in pursuance of a criminal conspiracy or in pursuance of a common intention the appellants would be equally guilty of the substantive offences and would be liable to the same sentence.229. mr. ..... 3 and 4 have, as set out above, been held guilty of offences of criminal conspiracy, criminal conspiracy to commit offences under sections 409 and 411 of the indian penal code and offences under section 13(1)(c) and 13(1)(d) read with section 13(2) of the prevention of corruption ..... the question was whether that officer was guilty of offences under the prevention of corruption act and under section 420 of the indian penal ..... the trial court merely passed a sentence of fine on a plea of guilty. ..... 3 has also been held guilty of the substantive offence under section 409 of indian penal code and substantive offences under section 13(1)(c) and 13(1)(d) read with section 13(2) of the prevention of corruption ..... 4 has been held guilty of the substantive offence under section 411 of the indian penal code. ..... 3 and 4 are held guilty of criminal conspiracy and criminal conspiracy to commit offences under sections 409, 411 indian penal code and offences under section 13(1)(c) and 13(1)(d) read with section 13(2) of the prevention of corruption act.accused ..... 3 is also held guilty of offence under section 409 indian penal code and offences under section 13(1)(c) and 13(1)(d) read with section 13(2) of the prevention of corruption act.accused .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (1986)(8)LC584Tri(Mum.)bai
..... shri chadha was convicted by a criminal, court.on his plea of guilty he was sentenced to nine months r.i. ..... if that contention is to be accepted, then his plea that 175 circuits are not shown to be foreign goods does not carry conviction.38. ..... shri chadha had abeen pleaded guilty before criminal court. ..... his only plea was that the penalty imposed on him was harsh. ..... his only plea was that the penalty imposed was very harsh. ..... his plea was accepted, he was convicted and sentenced to imprisonment and also fined. ..... his plea that he was confused and was not in a fit state of mind cannot be accepted. .....
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