* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1195 OF 2009 Gaus Mahtabsab Maniyar .......Appellant/Orig.Accd V/S. The State of Maharashtra .........Respondent * * * * * * Mr. V.V. Purwant, Advocate for the appellant. Mr. P.S. Hingorani, APP for the respondent-State. Coram : Smt. R.P. SondurBaldota, J. 21/02/2011. P.C. : 1. The appellant in this appeal has been convicted of the offence punishable under Section 489-C Indian Penal Code and sentenced to suffer rigorous imprisonment for 4 years and to pay fine of Rs. 5,000/-, Mr. Purwant, the learned counsel for the appellant, states that the appellant has deposited the amount of fine and that he has * 2 * undergone total sentence of 30 months and 25 days. Since the appellant has already undergone substantial part of the sentence i.e. more than 50%, Mr. Purwant, states that he does not wish to challenge the judgment of conviction and desires to plead only for reduction of the substantive sentence. He prays that the substantive sentence awarded to the appellant be reduced to the period already undergone and the sentence of fine be increased. 2. The appellant, was found in possession of two currency notes of denomination of Rs.500/- and 23 currency notes of Rs.100/- denomination, which currency notes were counter-feit notes. He was accordingly tried for possession of counter-feit notes and has been sentenced. Perusal of the record, shows that the appellant at the time of sentence was 22 years old. He does not have any criminal antecedents. He is a resident of Usmanabad and does labour work there. Taking an overall view of the matter, in my opinion the interest of justice will be served if the substantive sentence is reduced and the fine amount is increased. In the circumstances, the appeal is partly allowed. The judgment of conviction of the Sessions Court is confirmed. The sentence awarded to the appellant is modified. Substantive sentence of the appellant is reduced to the * 3 * period already undergone. Sentence of fine is increased by Rs. 10,000/- i.e. the total amount of fine to be paid by the appellant will be of Rs.15,000/-. On deposit of the balance amount of fine of Rs. 10,000/- the appellant be released from prison, if not required in any other case. [Smt. R.P. SondurBaldota, J] * 4 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1421 OF 2009 [FOR BAIL] IN CRIMINAL APPEAL NO. 1195 OF 2009 Gaus Mahtabsab Maniyar .......Applicant/Orig.Accd V/S. The State of Maharashtra .........Respondent * * * * * * Mr. V.V. Purwant, Advocate for the applicant. Mr. P.S. Hingorani, APP for the respondent-State. Coram : Smt. R.P. SondurBaldota, J. 21/02/2011. P.C. : 1. In view of disposal of the appeal, the application for bail does not survive. The same is disposed off as having become infructuous. [JUDGE]