The applicant-original accused of Sessions Case No.12 of 2012 (old Sessions Case No.43 of 2003), who is convicted by the learned Additional Sessions Judge, Una, Dis. Junagadh, for the offence punishable under Section 489(B) and (C) of the Indian Penal Code. The applicant is sentenced to undergo R.I. for a period of 7 years and a fine of Rs.1000/-, in default of payment of fine the applicant shall have to undergo R.I. for a further period of 2 months under Section 489(B) of the IPC. The applicant is sentenced to undergo R.I. for a period of 5 years and a fine of Rs.1000/-, in default of payment of fine the applicant shall have to undergo R.I. for a further period of 2 months under Section 489(C) of the IPC.
Heard Mr.P.M.Lakhani, learned advocate for the applicant and Mr.H.L.Jani, learned Additional Public Prosecutor for the respondent-State.
Mr.Lakhani has read judgment and order passed by the learned Judge and submitted that only three fake currency note in the denomination of Rs.100/- were recovered from possession of the present applicant. He has submitted that other Rs.1000/- real notes in the denomination of Rs.100/- were also recovered from the possession of the present applicant. He has submitted that the applicant is 86 years old. Looking to the recovery and discovery made by the discover officer from the present applicant lesser fake currency notes are recovered from possession of the present applicant. He has, therefore, submitted that the applicant may be granted bail.
Mr.H.L.Jani, learned APP for the respondent - State has read judgment and order passed by the learned Judge and vehemently opposed bail of the present applicant.
I have gone through the papers produced before me as well as the judgment and order passed by the learned Additional Sessions Judge, Una, Dis. Junagadh. From possession of the present applicant only three fake currency notes in the denomination of Rs.100/- were recovered. The applicant is of more than 80 years old. When the presence of the applicant is available during the hearing of appeal, I am of the opinion that this is a fit case to grant bail to the applicant. Hence, the applicant is ordered to be released on bail pending hearing and disposal of the main appeal on his furnishing a personal bond of Rs.10,000/- and a surety of the like amount on usual terms and conditions. Rule is made absolute to the aforesaid extent. Direct service is permitted.
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K. SAIYED, J) kks Top