LAWS(CHH)-2009-3-45

FIROZ RIZVI Vs. STATE OF C.G.

Decided On March 03, 2009
Firoz Rizvi Appellant
V/S
STATE OF C.G. Respondents

JUDGEMENT

(1.) THIS order shall govern the disposal of I.A. No. 1/2008 filed on behalf of Appellant Firoz Rizvi in Cr.A. No. 854/2008, I.A. No. 1/2008 filed on behalf of Appellant Nasibuddin in Cr.A. No. 879/2008 and I.A. No. 1/2008 filed on behalf of Appellant Mammu @ Mammo @ Noortaki in Cr.A. No. 909/2008, for suspension of sentence and grant of bail, during the pendency of these appeals.

(2.) THE Appellants have been convicted for commission of offence under Section 395 of the IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/ - each, in default of payment of fine to further undergo R.I. for 6 months.

(3.) THE case of the prosecution, in brief is that on 21 -6 -2002 at about 13.45 hours complainant Yogesh and other employees of laxmi Mahila Nagrik Sahkari Bank proceeded to its main branch carrying Rs. 12 lakhs in cash in a suitcase by Maruti van. 5 unknown persons on the point of knife and country made pistol looted suitcase containing Rs. 12 lakhs and fled. Report was lodged at about 14.10 hours on the same day. The complainant was sent for medical examination. During investigation, the Appellants were arrested. On the basis of their memorandums, knife, country made pistol, suitcase and articles purchased from the looted amount were seized. Test identification parade was conducted where the Appellants were duly identified by the witnesses.