ANAND VITHOBA LOHKARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri A. K. Choube, the learned Counsel for the applicants and Shri V. M. Deshpande, the learned A. P. P. for the non-applicant.

(2.) THIS criminal revision application is directed against the order dated 14-7-1995 passed by the Judicial Magistrate, First Class, Rajura in Criminal Summary Case No. 1500/95 whereby the applicants came to be convicted on admission of the guilt for the offence punishable under sections 4 and 5 of the Bombay Gambling Act and were sentenced to suffer simple imprisonment for a period of 30 days and to pay a fine of Rs. 200/- in default to suffer simple imprisonment for additional 30 days. Being aggrieved by the same, the applicants preferred Criminal Appeal No. 54/95 and the Sessions Judge, Chandrapur vide judgment and order dated 19-1-1996 dismissed the said appeal and hence the present revision application.

(3.) THE applicants 1 to 4 at the relevant time were caught red handed by the Police while they were engaged in gambling in a room of Parag Lodge at Ballarshah on 7-12-1995 at about 11. 30 p. m. An amount of Rs. 1,690/- and the card were seized from the applicants. The Police filed the charge sheet against the applicants for the offence under sections 4 and 5 of the Bombay Prevention of Gambling Act. The particulars of the offence were explained to the accused. All of them pleaded guilty and prayed for leniency on the ground that it was their first offence. In view of this plea, the Judicial Magistrate, First Class convicted all the accused persons for the above referred offence punishable under sections 4 and 5 of the Bombay Prevention of Gambling Act.