MUKHTAR AHMED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of sentence of imprisonment imposed vide Judgment and Order dated 30 th July, 2019 passed by learned Additional Sessions Judge, Sessions Court, Greater Mumbai, in Sessions Case No. 388 of 2015. The applicant has been convicted for the offence under Section 395 of Indian Penal Code, 1860 (" IPC " for short) and sentenced to undergo imprisonment of eight years. He is further convicted for the offence under Section 328 of IPC and sentenced to suffer imprisonment of eight years. Both the sentences were directed to run the concurrently.

(2.) The applicant has preferred appeal challenging aforesaid Judgment of conviction before this Court, which has been admitted and pending for final disposal.

(3.) The applicant was arraigned as accused No. 5. The prosecutions case is that, the informant company was engaged by concerned bank to provide services for loading cash in ATM of the concerned bank. On 16th January, 2015 the cash van of informant company was taken to Kamla Mill Compound for collecting money for HDFC bank. There were two guards in the van. Accused No. 07 is one of them. The second custodian of the van was Dharmesh Pedemkar. Accused No. 01 was driver of the van. Cash of Rs. 2,13,00,000/- (Two Crores Thirteen Lakhs) were collected through the van and it was to be taken towards Mira Road. Accused No. 07 asked to stop the van. Tea was brought from tea vendor. Stupefying substance was administered through tea. The van proceeded through Milan Subway, Vile Parle East. The car with three unknown persons overtook the cash van. Three persons got down from the car. The door of the van was forcefully opened. The accused robbed cash of Rs. 1,95,00,000/- (One Crore Ninety Five Lakh). First Information Report ("FIR" for short) was lodged with Vile Parle Police Station, Mumbai. Accused No. 4 to 7 were arrested in case registered at Punjab. They were brought to Mumbai and arrested on 24 th January, 2015. Rs.55 Lakhs were recovered from accused No. 01. Rs.3 Lakhs were recovered from accused No.2. Rs.1 Lakh was recovered from accused No.3. Rs.40 Lakhs were recovered from accused No. 4. Rs.20 Lakhs were recovered from accused No. 5. Rs.20 Lakhs were recovered from accused No. 6. Rs.40 Lakhs were recovered from accused No.7. Thus, during investigation amounts of Rs.1,79,00,000/- (One Crore Seventy Nine Lakhs) were recovered by police.