Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 489A, 489B, 489C, 34 -- Bail - Offence u/ss 489-A, 489-B, 489-C, 34 IPC - Six counterfeit currency notes of Rs.500 are subject matter of offence - Appellant has been incarcerated for two and a half years - There are no antecedents of appellant - Trial is not likely to conclude in a reasonable time..........
Indian Penal Code, 1860, Section 489B, 489C -- Counterfeit currency notes - Accused and their companion children were in possession of 139 notes of Rs.1000 and 168 notes of Rs.500 denominations - One among them was proved to have attempted to transact a Rs.1000 counterfeit note - Accused did not offer any explanation for possession of such quantity of counterfeit notes -..........
Indian Penal Code, 1860, Section 489B, 489C -- Counterfeit currency notes - Modification of sentence - Sentence imposed is 10 years R.I. - Term of sentence imposed for the offence u/ss 489-B, 120-B IPC are exorbitant - Sentence modified to R.I for 7 years u/ss 489-B, 120-B IPC - Sentence u/s 489-C IPC and default sentences and fine are same - Terms of substantive sentence..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 489A, 489B, 489C, 489D, 201 -- Bail - Offence u/ss 489-A, 489-B, 489-C, 489-D, 201 IPC - No recovery was made from petitioner - Challan has already been presented and allegations alleged in the FIR are yet to be proved during trial - Trial of case is likely to take some time to conclude - No..........
Indian Penal Code, 1860, Section 489B, 489C -- Fake currency notes - Version of official witnesses with regard to recovery of fake Indian Currency notes of a large volume from a market place from custody of accused is corroborated by Independent witness - Even, opinion of expert shows that currency notes seized from possession of accused were fake - There is no break in..........
Indian Penal Code, 1860, Section 489B, 489C -- Fake currency notes - Reduction of sentence - Large volume of fake currency notes seized from possession of accused - But accused does not have criminal antecedents - Sentence of accused thus, modified from 8 years R.I to 7 years R.I with fine of Rs.5,000 in default to suffer R.I for 6 months u/s 489-B IPC - Sentence imposed..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 489B, 489C, 34 -- Bail - Counterfeit currency notes - Accused has no criminal antecedents and he is otherwise an Indian citizen - Question whether accused did have knowledge that notes could be counterfeit or otherwise would be borne out during course of trial, which fact cannot be deduced at this..........
Indian Penal Code, 1860, Section 489B, 489C -- Counterfeit currency notes - Component of mens rea for offence falling u/s 489-B and/or 489-C IPC is knowledge or having reason to believe that currency note or bank note is forged or counterfeit, coupled with intention to use same as genuine or knowledge that it may be used as genuine...........
Indian Penal Code, 1860, Section 489B, 489C, 34 -- Forged currency notes - Secret information - No contradiction in any of witnesses in relation to information, raid and recovery of forged currency notes - Seizures were followed by appropriate preservation, labeling, sealing and other due processes - Police officers involved in process are not shown to have any particular..........
Indian Penal Code, 1860, Section 489B, 489C, 34 -- Forged currency notes - Secret information - Quantum of sentence - Taking into account the facts and circumstances of case, having regard to quantity of forged currency notes, which is recovered upon it being found to have been concealed and trafficked, sentence imposed by Court below, calls for no interference...........
