VIJAY SHARMA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This is an application under Section 389 Code of Criminal Procedure moved by the appellant for suspension of sentence during pendency of appeal.

(2.) The instant case was registered by CBI on the basis of a source information received in the CBI Office on 13.08.2004 that a person named Tahir Hussain is indulging in illegal trade of forged Indian Non-Judicial Stamp Papers of various denomination and is likely to deliver a large consignment of forged Indian Non-Judicial Stamp Papers of Rs.1000/- and Rs.500/- to some unknown persons on 13.08.2004 at about 3 pm near Coffee House, DTDC, District Centre, Laxmi Nagar, Delhi. Pursuant to this information, Tahir Hussain was apprehended and on search of a polythene bag carried by him, forged Indian Non-Judicial Stamp papers of denomination of Rs.500/- and Rs.1000/- were recovered. He made a disclosure statement that the forged Indian Non-Judicial Stamp papers were supplied to him by Krishan Kumar Verma and more such forged stamp papers were lying in his house. As such from the first floor of his house, counterfeit/forged stamps of denomination of Rs.5,000/- and Rs.1000/- were recovered and Krishan Kumar Verma was arrested. He admitted that he had supplied fake stamps to Tahir Hussain which were procured by him from Vijay Sharma. Krishan Kumar Verma took the officials to the residence of Vijay Kumar Sharma at Patna and it was revealed that stamps seized from Tahir Hussain were purchased from one Kallu @ Ajit. Vijay Kumar Sharma led the CBI team to the residence to the residence of Kallu @ Ajit. A search was conducted and few forged/counterfeit stamp papers and material use for printing such counterfeit stamp papers of various denominations were recovered and seized. Expert opinion was received from ISP, Nasik which confirmed that all the stamp papers and various screen printing frames used for printing such securities as seized in the case were forged / counterfeit.

(3.) It was submitted by Mr Ramesh Gupta, learned senior counsel for the appellant Vijay Sharma that no recovery was effected from this appellant or at his instance. The alleged disclosure made by the appellant that he led the CBI officials to the house of Kallu from where forged / counterfeit stamp papers and material used for printing such counterfeit stamp papers were recovered is not covered under Section 27 of the Indian Evidence Act and at the most knowledge can be imputed to the appellant. The appellant is in custody for more than four (4) years. He was released on interim bail and never misuse the same. Under the circumstances, it is submitted that sentence of the appellant be suspended during pendency of appeal and he be released on bail.