MOHAMMED RAZAUL BONJI SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) CRIMINAL Appeal No.993 of 2008 is preferred by Mohdammed Razaul Bonji Shaikh, original accused no.2 (hereinafter referred as "accused no.2") and Criminal Appeal No.1223 of 2008 is preferred by Akmal Shahjahan Momin, original accused no.1 (hereinafter referred as "accused no.1") challenging the judgment and order dated 19th June, 2008 passed by the learned Addl. Sessions Judge, Dindoshi, Borivali Division, Greater Mumbai in Sessions Case No.21 of 2007. By that order, the learned Addl. Sessions Judge held accused nos.1 and 2 guilty for offence punishable under Section 489 -B as well as 489 -C read with 34 Indian Penal Code, 1860 (for short "IPC") and sentenced both the accused to suffer rigorous imprisonment for 7 years each on each count and to pay fine of Rs.10,000/ - each on each count, in default, to undergo further rigorous imprisonment for 6 months. The learned Sessions Judge directed that the substantive sentences shall run concurrently and further directed that since both the accused are in jail since 30th July, 2007, benefit of set off under Section 428 of the Code of Criminal Procedure, 1974 (for short "Cr.P.C.") shall be given to them. He further ordered that muddemal articles 2 and 3 i.e.fake currency 366 notes each of Rs.500/ - denomination shall be transmitted to the Mint through the Commissioner of Police, Mumbai after appeal period is over for disposal according to law.

(2.) ACCUSED nos.1 and 2 stand charged for the offence punishable under Sections 489 -B, 489 -C read with 34 IPC on the allegations that on 30th July, 2007 at about 11:40 am, in front of Rajdeep Hardware, Bazar Galli, Gate No.5, Malwani, Malad (W), Mumbai, in furtherance of their common intention, had trafficked in forged Government currency notes of Rs.500/ - each. 266 forged currency notes were found in possession of accused no.1 and 100 forged Government currency notes were found in possession of accused no.2, knowingly same to be forged and/or counterfeit intending to use the same as genuine or that it may be used as genuine.

(3.) AT 11.40 am the raiding party noticed two persons in Bazar Galli as pointed by the informer. PW 1 Adam Shaikh pointed these persons to the team of Raorane. When the two persons who were accused before the Court came near, both the teams nabbed the accused in presence of panchas. They took personal search of accused nos.1 and 2 on the spot one by one. In so far as accused no.1 Akmal is concerned, he was found possessing three bundles of currency notes of Rs.500/ - each. Out of three bundles, two bundles each were containing 90 currency notes and one bundle was containing 86 currency notes of same denomination. Thus, as far as accused no.1 Akmal is concerned, he was found in possession of 266 currency notes of Rs.500/ - each. As far as accused no.2 Mohd. Razaul is concerned, he was found in possession of one bundle containing 100/ - currency notes of Rs.500/ - each.