STATE OF GUJARAT Vs. JASJVANTBHAI C SHAH

JUDGEMENT

(1.) THE present appeals, under Section-377 of the Code of Criminal Procedure, 1973, are directed against the judgement and order of sentence dated 28/9/1993 passed by the learned Metropolitan Magistrate, Court No. 4, Ahmedabad in Criminal Case Nos. 6258 and 6259 of 1988 whereby the respondent-accused was sentenced under Section-94 of the Factories Act and ordered to pay fine of Rs. 500/- and in default to undergo simple imprisonment of thirty days.

(2.) THE brief facts of the prosecution case are as under:

(3.) LEARNED AGP Mr. R. C. Kodekar for the appellant-State has submitted that learned Metropolitan Magistrate has taken lenient view in imposing sentence and therefore the order of learned Magistrate is against the principle of natural justice. He submitted that learned APP was not heard at all at the time of passing of the sentence as per the order of the learned Magistrate. The learned Magistrate has not properly considered the judgment reported in 1993 (1) GLH 450 in which it has been stated that without following the procedure laid down in Section-244 and 245 of Cr. P. C. in warrant triable cases, the judgment and order of conviction and sentence become illegal. He submitted that in view of above, the sentence imposed is not enough and same is required to be enhanced.