Crl. Misc. No.566 of 2011 in
CRA No.S-36-SB of 2011
Present: Mr.Ashwani Gaur, Advocate for the applicant-appellant.
Mr.Gurvinder Singh Sandhu, AAG, Haryana.
Affidavit of Shri Jagjit Singh, Superintendent,
District Jail, Karnal mentioning the period of imprisonment undergone
by the applicant-appellant has been filed in Court today which is taken
on record.
Heard learned counsel for the parties on the matter
of suspension of sentence.
The applicant-appellant Kale has been convicted
for the offence under Section 489-C of the Indian Penal Code. However,
he has been acquitted for the offence under Section 489-B of the Indian
Penal Code. He has been sentenced to undergo rigorous imprisonment
for a period of four years; besides pay a fine of Rs.5,000/- and in default
of payment of fine to undergo rigorous imprisonment for six months. A
secret information was received by ASI Bijender Pal that Kale
(applicant), who belongs to Uttar Pardesh and was travelling on his
motor-cycle near Subji Mandi Panipat, had counter-feit notes of
Rs.500/- and Rs.1,000/- and he was trying to encash the same in the
market. During checking, the applicant-appellant was apprehended and
on his personal search 18 counterfeit currency notes in the
denomination of Rs.1,000/- were recovered. Accordingly, he was tried
Crl. Misc. No.566 of 2011 in
CRA No.S-36-SB of 2011 -2-
and convicted. In terms of custody certificate that has been filed in
Court today, the applicant-appellant till 12.4.2010 has undergone
imprisonment of one year, two months and four days.
There are arguable points in the appeal which would
require consideration at the time of final hearing. The appeal is not
likely to mature for hearing in the near future. In case the sentence of
imprisonment of the applicant-appellant is not suspended, the
applicant-appellant would have undergone the entire period of sentence
and the purpose of filing the appeal is likely to be defeated. Besides,
as per the affidavit that has been filed, there is no other criminal case
pending against the applicant-appellant.
Accordingly, the criminal miscellaneous application
is allowed and the sentence of imprisonment of the applicant-appellant
Kale during the pendency of the appeal shall remain suspended subject
to his furnishing personal bond and surety to the satisfaction of the
learned Chief Judicial Magistrate, Panipat. The fine that has been
imposed shall be deposited by the applicant.
April 21, 2011 (S.S.Saron) kd Judge