The court emphasized the importance of considering criminal antecedents in bail applications and found insufficient evidence to link all accused to the robbery, leading to selective suspension of sentences.

Order :

ASHOK KUMAR JAIN, J.

1. These suspension of sentence applications were preferred on behalf of accused appellants-applicants (1) Ravindra Kumar @ Dabbu son of Shri Hardevaram (2) Naveen Kumar son of Shri Banwari Lal (3) Dholuram @ Dholiya son of Ghasiram (4) Sunil Kumar son of Sh. Khyaliram (5) Roshan Lal son of Shri Madan Lal (6) Manoj Nayak S/o Shri Surendra (7) Hansraj S/o Shri Shankarlal and (8) Dharamveer Singh @ Pintu son of Shri Babulal (hereinafter referred to as ‘the appellants’) in pending appeals filed aggrieved from judgment of conviction and sentence dated 24.01.2025 in Sessions Case No.27/2019 (46/2016) arising out of FIR No.50/2016 registered at Police Station Danta Ramgarh, District Sikar, passed by learned Additional Sessions Judge, Danta Ramgarh, District Sikar whereby nine accused including present appellants were convicted and sentenced under Sections 395 , 412 and 120-B of IPC .

2. Learned counsel for the appellants while relying upon grounds of appeals submit that eye-witnesses have turned hostile and not supported the case of prosecution. Learned counsel further referred the statement of the security guard posted at ATM and submit that he has also turned hostile and not identified any of accused. They also referred the prosecution evidence and submit that all these accused were implicated only on basis of recovery of cash from their home. They further submit that the Investigating Officer has also shown recovery of some ATM parts from some of the accused but only on basis of recovery, these accused were linked with incident of 06.02.2016. They further submit that as per statement of prosecution witnesses, currency notes in the denomination of ₹1000/- and ₹500/- were stored in ATM whereas recovery memo shows that currency notes in the denomination of ₹100/- were also recovered, which were not stored in ATM. They further submit that the currency notes neither identifiable nor their numbers were mentioned by prosecution witnesses, therefore, the appellants cannot be linked with the incident. Learned counsel further submit that all these appellants were students at the time of incident and without any basis, they were forwarded to face trial. At last, they submit that the appellants were on bail during trial and disposal of appeal will take its own time.

3. Aforesaid contentions were opposed by learned Public Prosecutor. Learned Public Prosecutor has submitted custody certificate along with criminal antecedents of the accused appellants.

4. Heard learned counsel for the appellants and learned Public Prosecutor. Perused the record.

5. On basis of a written report dated 06.02.2016 by complainant Shakti Singh (PW-17) about robbery of ATM and thereby causing a loss of ₹12,23,500/-, wherein robbers also abducted Security Guard Ameer Solanki and dumped him after 1.5-2 kms, FIR No.50/2016 was registered at Police Station Danta Ramgarh, District Sikar. After investigation, Police has filed charge-sheet and 12 persons have faced trial before learned trial court. During trial, one accused Kamlesh Kumar expired, so proceedings were dropped against him. During trial, 33 witnesses were examined and 74 documents were exhibited by prosecution. The accused were examined under Section 313 CrPC and they have not submitted any defence evidence. Learned trial court has acquitted Banwari Lal from charge under Section 412 IPC and Smt. Santosh Devi from charges under Sections 395 , 412 and 120B of IPC but convicted Sunil Kumar, Dharamveer Singh @ Pintu, Ravindra Kumar @ Dabbu, Dholuram @ Dholia, Manoj Nayak, Pawan Kumar, Naveen Kumar, Roshan Lal and Hansraj under Sections 395 , 412 and 120B of IPC . Maximum punishment awarded to each of the accused is eight years.

6. A perusal of record indicate that total 9 criminal cases were registered against Dharamveer @ Pintu and it includes present case as well whereas 6 criminal cases were registered against Roshan Lal. One of the accused Pawan Kumar, who has not filed suspension of senten