TAHIR HUSSAIN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THESE are the applications under Section 389 Code of Criminal Procedure moved by the appellant for interim suspension of sentence and 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 learned counsel for the appellant Tahir Husain that he has two daughters of marriageable age and he is unable to help in their marriage due to paucity of funds. He had a plot bearing number 39 -B, Noor Nagar, New Delhi which he had decided to sell. However, criminal trespass was committed in his property as such after obtaining interim bail, he lodged criminal complaint against the culprits. Investigation, however, is going on at snail's pace. He wants to pursue the complaint constantly and to protect his property. The wife of the appellant is also suffering from heart diseases; his antecedents are clean; he has already undergone more than half of the sentence as such he be released on bail.