CRJA/44/2022
2022 Latest Caselaw 3068 UK

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                               CRJA No.44 of 2022
                               Shri S.K. Mishra, J.

Shri Alok Kumar Verma, J.

Ms. Neelima Mishra Joshi, learned counsel for the appellant.

Mr. J.S. Virk, learned Deputy Advocate General assisted by Mr. Rakesh Joshi, learned Brief Holder for the State.

This is an application (IA No.02 of 2022), filed

under Section 389 of the Code of Criminal

Procedure, 1973 (hereinafter referred as "the

Code", for brevity), for suspension of sentence and

grant of bail in this appeal.

The present appellant - Vijay Das alias Veeja

Das has been convicted and sentenced for the

offence under Sections 302, 452, 379, 411 and 201

of the Indian Penal Code by the learned Additional

District and Sessions Judge, Tehri Garhwal, in

Sessions Trial No.18 of 2018, vide judgment and

order dated 12.11.2021/16.11.2021. He has been

sentenced to undergo life imprisonment along with

a fine of Rs.20,000/- under Section 302 of the IPC;

he has been further sentenced to undergo rigorous imprisonment for a period of three years along with

a fine of Rs. 5,000/- under Section 452 of the IPC;

he has been further sentenced to undergo rigorous

imprisonment for a period of three years along with

a fine of Rs.10,000/- under Section 379 of the IPC;

he has been further sentenced to undergo rigorous

imprisonment for a period of three years along with

a fine of Rs.10,000/- under Section 411 of the IPC,

and, he has been further sentenced to undergo

rigorous imprisonment for a period of seven years

along with a fine of Rs.5,000/- under Section 201

of the IPC with default stipulation. All the sentences

are directed to run concurrently.

The case of the prosecution is admittedly

based on circumstantial evidence. However, this

Court finds that the circumstances by recovery of

weapon of offence, stolen articles and finding of

blood at the spot, accessories of almirah from

where the articles were stolen, matching the DNA

profile of the appellant and also finding of finger

prints on the almirah which was forced open

allegedly by the appellant, leads us to come to the conclusion that there is no stable probability at this

stage that in the ultimate analysis, we would come

to the conclusion that entire chain of circumstances

have not established pointing towards the guilt of

the appellant.

Hence, there is no reason to suspend the

sentence at this stage. In that view of the matter,

the application for suspension of sentence and

grant of bail upon appeal. Hence, (IA No.02 of

2022) is hereby rejected.

Since, the appeal is ripe for hearing and the

appellant is in custody.

The matter may be listed on 07.03.2023 for

final hearing.

(Alok Kumar Verma, J.) (S.K. Mishra, J.) 21.09.2022

JKJ/Pant