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Judgment
Prashant Kumar Mishra, J
Heard.
On due consideration, delay of 418 days in filing the present Cr.M.P. is condoned. Accordingly, I.A. No.1 is allowed.
The trial Court has acquitted the accused of the charges under Sections 395 and 120B of IPC.
In a bank dacoity, occurred in the State Band of India Manikpur, District Korba, Branch on 15.05.2007, the accused persons looted the sum of Rs.7,42,500/- by criminality intimidating the Bank Manager - Shri R.K. Shrivastava and other employees by using mouser and country-made revolver (Katta). The FIR stated that the accused persons had muffled their faces. The accused persons were not sent for Test Identification Parade during investigation. The prosecution case rested on the memorandum statement and consequent seizure of cash and some articles, which the accused persons had purchased using the booty.
The witness to the memorandum and seizure namely PW-5, CRMP No. 1107 of 2013 Gajanand Agrawal, has not supported the case of prosecution. The other witness Ramayana has not been examined by the prosecution.
In view of the above evidence the trial Court has acquitted the accused of the charges for hatching conspiracy and committing bank dacoity.
Having scrutinized the entire evidence brought forth by the prosecution, in course of trial, we are not inclined to grant leave to appeal, accordingly, the present Cr.M.P. is dismissed.