MOHAN VARADRAJAN MUDALIYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants in above referred Criminal Appeals were the accused of Sessions Case No. 64 of 2005. All of them were charged for the offences punishable under Sections 489 (B), 489 (C) to read with Section 120 (B) of the Indian Penal Code. In all against seven accused were charged and, ultimately, the learned Additional Sessions Judge and Fast Track Court No. 3, Ahmedabad City, vide judgment and order dated 27th of February, 2007, convicted the accused No. 1, 2, 3 and 4 for the offences punishable under Sections 489 (B), 489 (C) and under Section 120 (B) of the Indian Penal Code. Each of such accused was sentenced to undergo rigorous imprisonment of 10 years for the offence punishable under Section 489 (B) of the IPC; rigorous imprisonment of 7 years for the offence punishable under Section 489 (C) of the IPC and rigorous imprisonment of 5 years for the offence punishable under Section 120 (B) of the Indian Penal Code. Each of the accused was also fined by the learned Trial Judge.

(2.) OUT of four convicted accused, accused No. 1 preferred Criminal Appeal No. 745 of 2007 against the judgment and order of conviction and has preferred Criminal Misc. Application No. 7881 of 2007 for suspension of sentence awarded and to release him on bail. While accused No. 3 preferred Criminal Appeal No. 1112 of 2007 against the judgment and order of conviction and has preferred Criminal Misc. Application No. 9879 of 2007 for suspension of sentence and releasing him on bail. Accused No. 4 has preferred Criminal Appeal No. 888 of 2007 against the judgment and order of conviction and has preferred Criminal Misc. Application No. 6796 of 2007 for suspension of sentence and releasing him on bail. Accused No. 2, who has been convicted, appears not to have filed any Appeal while above referred three Criminal Appeals are Admitted by this Court. Original accused Nos. 5, 6 and 7 came to be acquitted by the Trial Court.

(3.) ACCORDING to the brief facts of the prosecution case, Manojkumar Bechardas Patel, Police Officer, ATS Department, received an information from PSI Mr. B. R. Choube that one citizen of Sri Lanka, named as Bala, circulates fake Indian currency notes of denomination of Rs. 1,000/- to accused No. 1 and accused No. 1, in turn, distributes the same through his associates. It was also informed that on 4th of April, 2006 accused No. 1, during 2. 00 p. m. to 4. 00 p. m. , was to come at Ahmedabad near Navrangpura Havmor Hotel and Municipality School. Further information received that one person Bhadresh Nanalal Shah (accused No. 2) was to accompany accused No. 1. Therefore, a raid was arranged and delivery of currency notes were noticed by raiding party and panchas. Three persons were found near Havmor Hotel, exchanging fake currency notes. They were accused No. 1 Mohan Varadrajan Mudaliyar, from whom currency notes of Rs. 4 lakhs in denomination of Rs. 1,000/- were found. Other fake currency notes were also found from him. The other person was accused No. 2, who had received delivery of fake currency notes of Rs. 1 lakh, in denomination of Rs. 1,000/- from accused No. 1. The third person was accused No. 3 Rajesh Nagindas Kothari, from him also 100 fake currency notes of denomination of Rs. 1,000/- were found and, therefore, at about 18. 30 a panhnama in the presence of panchas in this respect was executed and Manojkumar Bechardas Patel, PW-14, gave his complaint, which was recorded. Accused were taken on remand and it was found that accused No. 4 Jaypal Jayantbhai Shah was also involved in this fake currency scam. During investigation, it was found that accused No. 4 Jaypal Jayantbhai Shah was frequently visiting Akash Hotel, near Sardar Vallabhbhai Stadium, Ahmedabad and, therefore, at about 14. 00 hours on 6th of April, 2004, a raid was arranged and fake currency notes of Rs. 1. 50 lakhs were found from accused No. 4 and each note was of denomination of Rs. 1,000/ -. During investigation, residence of accused No. 4. Jaypal Jayantbhai Shah was also raided on 9th of April, 2004 and fake currency notes of Rs. 1,50,000/- were found. After investigation, charge sheet was submitted in all against seven persons and after trial, as aforesaid, present appellants-applicants were convicted and, hence, these three Applications for suspension of sentence awarded to each of the applicants along with a prayer to release them on bail during the pendency of Appeals.