RAJESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of sentence and grant of bail during the pendency of Criminal Appeal preferred by the applicant challenging the judgment and order dated 13 th February 2023 passed by learned Additional Sessions Judge, Greater Mumbai convicting the Applicants for offences punishable under Ss. 399 and 402 of Indian Penal Code. On both the counts, applicants are sentenced to suffer rigorous imprisonment of fine years which are directed to run concurrently.

(2.) Learned Advocate for the Applicants submitted that, the applicant No.1 is in custody for a period of two years whereas the Applicant No.2 is in custody for a period of three years. The prosecution case suffers from serious infirmities. The applicants were arrested on suspicion. The person who was to be allegedly robbed by the accused could not be traced. The appeal may not come up for hearing immediately.

(3.) Learned APP submitted that, the offence is of serious nature. Reliance is placed on the affidavit-in-reply filed by Investigating Officer and it is contended that, there are criminal antecedents against both the applicants which includes the case registered for offence under Sec. 302 of I.P.C.