SYED MOHD NADEEM Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Brijesh Sahay and Sri Namit Srivastava, learned counsel for the appellant, learned A.G.A. and perused the lower court record.

(2.) THIS is third bail application moved on behalf of the appellant Syed Mohd. Nadeem, his first bail application has been rejected on 1.2.2012 after considering the merits of the case. His second bail application has been rejected for want of prosecution on 17.09.2013.

(3.) IT is submitted by learned counsel for the appellant that the appellant has been convicted for the offence punishable under section 235 IPC and sentenced to undergo three years RI with a fine of Rs. 5,000/ -, convicted under section 236 IPC and sentenced to undergo six years RI with a fine of Rs. 10,000/ -, convicted under section 240 IPC and sentenced to undergo seven years RI with a fine of Rs. 10,000/ - convicted under section 471 IPC and sentenced to undergo 5 years RI with a fine of Rs. 10,000/ -, convicted under section 489 -A IPC and sentenced to undergo life imprisonment with a fine of Rs. 50,000/ -, convicted under section 489 -B IPC and sentenced to undergo life imprisonment with a fine of Rs. 50,000/ -, convicted under section 489 -C IPC and sentenced to undergo five years RI with a fine of Rs. 10,000/ - and has been convicted under section 489 -D IPC and sentenced to undergo life imprisonment with a fine of Rs. 50,000/ -. The appellant Nadeem has been acquitted for the offence under section 234 IPC. According to the prosecution version the appellant was arrested on 30.3.1999 by the police on the basis of disclosure made by other co -accused that counter feited currency was provided to them by the appellant Saiyed Mohd. Nadeem who was manufacturing the counter feited currency. The appellant was apprehended by the police on the basis of identification made by the other co -accused, on search a cash containing 35 bundles of the fake currency of Rs. 3,50,000/ -, 25 counter feited coins having the denomination of Rs. 5, five half manufactured coin each of Rs. 5, 3 real coins of Rs. 5/ - each American dollar of 100/ -, a negative of Rs. 100/ -, six Ashok Laat, five negatives of Rs. 5 coins, blank diploma sheet of AMU, four degree of diploma Chemist, six degree of Master of Zoology, five degree of bachelor of law, 37 bachelor of Art, 7 degree MBBS, 10 secondary school marksheets of Jamia Urdu, 15 degree of Master of Arts, master of library science, computer science, B.Com, Master of Philosophy, business management, negative Kendriya Shiksha Board, New Delhi, machine manufacturing the coins, four iron dye used in manufacturing the coins, 17 wooden blocks, 16 sheets of white paper and other tools used in manufacturing were recovered. The recovery has been planted and it is not supported by any public witness. Even on the basis of the recovery made no offence under sections 489 -A IPC, 489 -B IPC and 489 -D IPC is made out. At the most the offence under section 489 -C IPC is made out, the same is bailable and the appellant has been remained in jail for more than five years, therefore, he may be released on bail.