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BOMBAY HIGH COURT - BENCH AT AURANGABAD
A.V.Potdar, J
Sharad Chatur Marathe – Appellant
Versus
The State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Shrimant Mundhe, Mr.S.P.Brahme
For the Respondents: Mr. S.D.Kaldate

Table of Content
1. conviction analysis under the motor vehicles act. (Para 2 , 5 , 6)
2. court's observations on statutory adherence. (Para 3 , 4 , 9)
3. judicial discretion in sentencing especially for first offences. (Para 8 , 10)
4. modified sentences while maintaining convictions. (Para 11)

ORAL JUDGMENT:

1. Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties heard finally at the stage of admission.

2. By this revision, the applicants have challenged the correctness of their conviction and sentence recorded by JMFC, Shirpur in STC No.246/2007 and confirmed by Additional Sessions Judge, Dhule in Criminal Appeal No.16/2007. The trial court has convicted the applicant No.1 for an offence punishable u/s 66 r/w 192-A of the Motor Vehicles Act and sentenced to pay a fine of Rs.5000/- with default stipulation of undergoing SI for 3 months. He is further convicted for an offence punishable u/s 3 r/w 181 of the Motor Vehicles Act and sentenced to suffer RI for 3 months and to pay fine of Rs.500/- in default to suffer SI for 15 days. He is further convicted u/s 130 (1) r/w 177 of the Motor Vehicles Act and sentenced to pay a fine of Rs.100/-, in defaul

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