JAHANGIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of sentence of imprisonment awarded by the Additional Sessions Judge, Greater Mumbai, in Sessions Case No.757 of 2013 @ 71 of 2014 vide judgment and order dated 21 st June 2019. The applicant (accused no.6) was convicted for offence u/s 451 r/w 34 of IPC and sentenced to suffer rigorous imprisonment for seven years. He is also convicted for the offence u/s 347 r/w 34 of IPC and sentenced to suffer rigorous imprisonment for three years. He is further convicted for the offence u/ 395 r/w 397 of IPC of IPC and sentenced to suffer rigorous imprisonment for seven years. For the offence u/s 37(1) read with Section 135 of Maharashtra Police Act, the applicant was convicted and sentenced to suffer rigorous imprisonment for six months. All sentences of imprisonment were directed to run concurrently.

(2.) The prosecution case is that the informant Shrikant Raut runs a courier service from its office at Masjid Bunder, Mumbai. On 23 rd March 2013 the informant and his employees Manish and Raju were in office. Ankush had gone out for lunch. Around 2 pm, one person entered in the chamber of informant. He was followed by another person who was armed with chopper. The person behind him took out a revolver and pointed at them. The informant and others were threatened. The accused removed the bundles of currency notes amounting to Rs.50 lakh and fled away from the place of incident. The offence was registered u/s 347, 451, 395, 397 r/w 34 of Indian Penal Code and u/s.47(1)(A) and 135 of Maharashtra Police Act. The applicant was arrested on 17th October 2013. His custody was sought from another case which is registered at Nalasopara Police Station.

(3.) After recording evidence and hearing both the sides, the Trial Court convicted the applicant and other accused, and sentenced them to suffer imprisonment as stated above.