RIWAYAAT ALI Vs. STATE OF DELHI

JUDGEMENT

(1.) THIS application u/s 389 Cr.P.C. has been made by the appellant for suspension of sentence. The appellant has been convicted by the Trial Court u/s 489-C I.P.C. and sentenced to undergo five years RI and fine. It is submitted by counsel for the appellant that appellant has been on bail all along during the trial, the recovery of only Rs.1500 of fake currency has been shown from him. The prosecution has failed to prove that the appellant had mens rea and he was in conscious possession of the fake currency notes. There was no possibility of his running away or absconding. He did not misuse the bail during trial, his sentence be therefore suspended. It is also submitted that he had been in custody for about two months now. The offence u/s 489-C I.P.C. was bailable offence and since the appeal was continuation of trial, the appellant should be released on bail. Looking into the fact that hearing of appeal may take some time the sentence of the appellant is suspended and he be released on executing personal bond in the sum of Rs. 30,000/- with one surety of the like amount to the satisfaction of the trial court concerned. The application stands disposed of.