SB Cr.Appeal No.171/2009 (Naveen Ahmed and anr.Vs. State) Date of order : 14-10-2009 Hon'ble Mr.Guman Singh,J. Mr.Biri Singh, for the appellant. Mr.Paresh Choudhary, Public Prosecutor. Admit. (Guman Singh),J. Sandeep/- Item No.s/23 S.B.CR.SUSPENSION OF SENTENCE NO.219/2009 in SB Cr.Appeal No.171/2009 (Naveen Ahmed and anr. Vs. State) Date of order : 14-10-2009 Hon'ble Mr.Guman Singh,J. Mr.Biri Singh, for the appellant. Mr.Paresh Choudhary, Public Prosecutor. An application on behalf of applicants Naveen Ahmed and Babu Khan under Section 389 Cr.P.C. has been moved for grant of suspension of sentence against the judgment and order dated 2.2.09 passed by learned Special Judge (Fake Currency Notes Cases), Jaipur city, Jaipur in Cr./sessions case no.38/2008 whereby applicants have been acquitted of the offence under Sec.489C IPC and convicted for the offences under Sec.489B IPC and sentenced to maximum period of five years' rigorous imprisonment along with fine. Learned counsel for the applicants submits that there has been a charge against the accused-applicants for the offence under Sec.489C and 489B IPC pertaining to date of recovery dated 17.3.2008 of the fake currency notes but the trial court in its judgment has replied the question of determination in the end. The trial court has observed that as per evidence, accused- persons were already under arrest on 14.3.08 whereas recovery from them was made on 17.3.08, thus the allegation leveled against them is not trustworthy or reliable. It is further submitted that inspite of observation by the trial court, accused- appellants have been convicted under Sec.489B IPC, therefore, looking to the nature of offence and quantum of sentence, they deserve to be granted benefit of grant of bail. Learned Public Prosecutor opposed the bail application but could not ascertain the position of observation of the trial court on the point indicated herein above. Heard learned counsel for the applicants, learned Public Prosecutor for the State and perused the relevant material placed before me. In view of submissions advanced by learned counsel for the applicants and on perusal of judgment of trial court, it is revealed that recovery dated 17.3.08 of the fake currency notes from the accused- applicants is not found reliable, therefore, taking into consideration the entire facts and circumstances of the case and without expressing any opinion on the merits of the case, I am inclined to suspend the sentence awarded to the accused-applicants named above. Accordingly, the bail application is allowed and it is ordered that the sentence passed by learned trial court against the applicants Naveen Ahmed S/o Rafiq Ahmed and Babu Khan S/o Akbar in cr./sessions case no.38/2008 shall remain suspended till the final disposal of aforesaid criminal appeal provided they furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- to the satisfaction of the learned trial court for their appearance in this court on 17.11.2009 and whenever called upon to do so. (Guman Singh),J. Sandeep/- Item No.23