1 Cri-Appln-1257 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.1257 of 2010 IN Criminal Appeal No.310 of 2011 1. Sau. Joharabibi Mansoor Alam Shaikh & anr. ... ... Applicants (Orig.Accused Nos.1 & 3) v/s. The State of Maharashtra ... ... Respondent (Orig.Complainant) Mr.M.H. Banderkar for Applicants. Smt.A.A. Mane, APP for State. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 27th April 2011 P.C. : 1. This is an application for suspension of the sentence against the order dated 17th May 2010 passed by the learned 4th Ad-hoc Additional Sessions Judge, Bombay in Sessions Case No.474 of 2008 convicting the Appellants/Applicants under Sections 489-B and 489-C of the Indian Penal Code. Both were in possession of counterfeit notes. Applicant No. 1, who is the wife Applicant No.2, had gone to a shop to purchase the articles. Consequently, she has also been taken to be a person distributing and selling the 2 Cri-Appln-1257 counterfeit notes. 2. It is contended on behalf of the Applicants that the arrest is suspicious because the title-deeds of the shop where Applicant No.2 is arrested are not shown. That is not required to be shown. Similarly it is contended that Applicant No.2 did not have the title to the hut where the notes were recovered. The title to the place of recovery is also not required to be seen. It is not shown that Applicant No.1 was not in any commercial premises such as a shop at the time she was sought to be arrested. 3. The arrest is effected by a person who had a doubt that she carried the counterfeit notes because of his previous experience dealing with her. The note has been seized and seen to be counterfeit. 4. Under these circumstances, the case for suspension of sentence against Applicant No.1 is not made out. She cannot be released on bail at present. The sentence against Applicant No.2 is suspended pending the Appeal. 5. Criminal Application is disposed of acordingly. (SMT.ROSHAN DALVI, J.)