(Ranjan Gogoi and R. Banumathi, JJ.)
Md. Firoz Alam ____________________________________ Appellant
v.
The State of Bihar _________________________________ Respondent
Criminal Appeal No. 817 of 2018 [Arising out of SLP (Crl.) No. 10349/2017], decided on July 4, 2018
The Order of the court was delivered by
Order
1. Leave granted.
2. We have heard the learned counsels for the parties.
3. Limited notice on the question of sentence was issued. The offence under Section 489C of the Indian Penal Code has been held to be established against the accused in respect of four currency notes of Rs. 100/-denomination bearing the same serial number and two currency notes of the same denomination, again, bearing the same number. There is no categorical finding with regard to the other currency notes recovered.
4. The accused-appellant has been in custody for a period of over two years now i.e. from 03.06.2012 to 28.06.2013, 23.01.2015 to 20.04.2015 and from 02.11.2017 to till date.
5. Under Section 489C of the Indian Penal Code while the maximum period of sentence is seven years there is no minimum sentence. Taking into account all the relevant facts, we are of the view that the ends of justice would be served if, while maintaining the conviction of the accused appellant, the sentence of seven years imposed is altered to one of period undergone. We order accordingly.
6. The order of the High Court is modified to the above extent and the appeal is disposed of in the above terms.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 10349/2017
Md. Firoz Alam ____________________________________ Petitioner
v.
The State of Bihar __________________________________ Respondent
(FOR ADMISSION and I.R. and IA No. 12139/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS and IA No. 12142/2018-EXEMPTION FROM FILING O.T.)
Date: 04-07-2018 This petition was called on for hearing today.
(Before Ranjan Gogoi and R. Banumathi, JJ.)
For Petitioner(s) Mr. N.K. Agrawal, Sr. Adv.
Mr. Gaurav Agrawal, AOR
Mr. Abhay Anturkar, Adv.
Mr. George Thomas, Adv.
Mr. Anurag Gharote, Adv.
For Respondent(s) Mr. M. Shoeb Alam, AOR
Ms. Fauzia Shakil, Adv.
Mr. Ujjwal Singh, Adv.
Mr. Mojahid Karim Khan, Adv.
UPON hearing the counsel the Court made the following
Order
7. Leave granted.
8. The appeal is disposed of in terms of the signed order.
9. Consequently, pending application(s) shall stand disposed of.
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