KESHAV JANGDE @ BALLA Vs. STATE OF C G

JUDGEMENT

(1.) Heard on the application (IA-1) for suspension of sentence and grant of bail filed on behalf of applicants-Keshav Jangde @ Balla and Dhanesh Jangde @ Bablu. The counsel for the appellants submits that the appellants have been convicted on the basis of the circumstantial evidence of recovery of looted jewellery, which the prosecution has failed to prove beyond reasonable doubt. She submits that PW-1 Jitaran Das has stated in para 10 and 11 of his cross-examination that the recovered articles were earlier given by him to the police and as such the recovery becomes highly doubtful. She further submits that so far as the identification is concerned, PW-8 Rajkumari has given the details and make of the jewellery different from one which is said to be purchased by the deceased with the description given in the receipt Ex. P/9.

(2.) On the other hand, the counsel for the State submits that the recovery having been made from the appellants and the same has been identified, no case for grant of bail is made out.

(3.) Taking into consideration the submissions made by the counsel for the parties and the material on record, we are inclined to allow the application filed on behalf of the appellants. Accordingly, the application is allowed. It is directed that in the event of the appellants executing a personal bond for a sum of Rs. 25,000/- with two sureties each for the like amount to the satisfaction of the trial court, the substantive jail sentence imposed upon them shall remain suspended during pendency of this appeal and they shall be released on bail for their appearance before the concerned trial court on 02.01.2014. They shall, therefore, continue to appear there on all such dates as are given to them by the said court, till final disposal of this appeal.