High Court Punjab-Haryana High Court

Present: Mr.Ashwani Gaur vs Unknown on 21 April, 2011

Punjab-Haryana High Court
Present: Mr.Ashwani Gaur vs Unknown on 21 April, 2011


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