A youth found guilty of theft of a two-wheeler has been allowed to go free with the rider that he would be under watch for a year and if he breaches good conduct,set as a pre-condition for his release,he would attract the sentence for theft.
Additional chief judicial magistrate PS Duthade recently convicted Anis Hamid Shaikh after the latter confessed to his crime,but ordered his release on probation on furnishing a bond of Rs 5,000.
Shaikh pleaded the court to show leniency,he being the only earning member of the family and his mother and sister being dependent on him.
Considering the above submission by the accused,I am of the opinion that leniency will have to be shown, the court observed.
According to the prosecution case,complainant Mukund Gopal Parte had stated that at 11pm on August 9,2008,he had parked his motorcycle at Balgandharva chowk but the next day when he went to collect his motorcycle,he did not find it there.
He registered a theft complaint on August 29.
The bike had been recovered from the youth two days earlier,and he had told the police he had taken it from a parking lot in front of Shivajinagar Railway Station. On August 27,2008,assistant police inspector Sandeep Bhaurao Ghorpade had stopped the accused on suspicion as he was driving rashly and speeding. The police brought him to the police station where he confessed he had stolen the motorcycle, said assistant public prosecutor S M Kadam.
The police seized the bike and called Parte who identified it.
The court stated in the judgment that the accused is liable to be convicted under section 379 (theft) of the Indian Penal Code. On July 19,the court convicted him but released him on probation on furnishing bond of Rs 5,000. If Shaikh breaches the bond during the one-year period,he is liable to be sentenced for the crime.