THE STATE OF MAHARASHTRA Vs. MADHAV VITTHAL BANSODE

JUDGEMENT

(1.) This Appeal by State has been filed against the orders passed by the Joint Judicial Magistrate, First Class, Bhusawal on 31st May 2003 in Summary Criminal Case No.32 of 1999 whereby the trial Court, while convicting the Respondent accused for offence under Section 184 of the Motor Vehicles Act, 1988, instead of passing sentence of imprisonment or fine, directed his release on the bond of Rs.5000/ and the bond of "one month's period contemplated in Section 4" of the Probation of Offenders Act, 1958 ("Probation Act" in brief). The present Appeal was filed by the State seeking leave under Section 377 (1) of the Code of Criminal Procedure, 1973 ("Cr.P.C." in brief), with prayer to enhance the sentence awarded by the J.M.F.C. The Appeal was admitted on 5th October 2005.

(2.) In Brief, The Case Is As Follows:

(3.) The J.M.F.C. explained particulars for offence under Section 279, 304A of the Indian Penal Code, 1860 ("I.P.C." in brief). Particulars were also explained about Section 184 of the Motor Vehicles Act. The accused pleaded not guilty. The prosecution brought on record evidence of five witnesses. After holding the trial, the Magistrate acquitted the accused of offence under Section 279 and 304A of I.P.C. but convicted him under Section 184 of the Motor Vehicles Act.