Delhi District Court
State vs Narender Kumar on 28 August, 2023
IN THE COURT OF SH. SANJAY KHANAGWAL
ASJ-02: NEW DELHI DISTRICT:
PATIALA HOUSE COURTS, DELHI
Date of Judgment: 28.08.2023
FIR No. 07/2018
PS: Special Cell
U/s: 489B/489C/120B IPC
Unique case ID NO.: DLND01-006193-2018
Case No. 159/2018
COMPLAINANT State
REPRESENTED BY State
ACCUSED 1. Narender Kumar son
of Sh. Sant Ram
R/oVillage Imlota, PS
Distt. Charkhi Dadri,
Haryana.
2. Narender @
Secretary
R/o Indira Colony,
Distt., Rohtak, Haryana
REPRESENTED BY Sh. D.P. Pandey Ld.
counsel for both the
accused.
Date of Offence -
Date of FIR 12.01.2018
Date of Charge-sheet 07.04.2018
Date of Framing of Charges 18.05.2018 (against
accused Narender
State vs.Narender & Anr.
FIR No. 07/2018
PS: Special Cell Page no. 1 of 20
Kumar
02.08.2018 (against
accused Narender @
Secretary )
Date of commencement of evidence 12.12.2018
Date on which judgment is reserved 21.08.2023
Date of the Judgment 28.08.2023
Final Order Acquitted
DETAILS OF ACCUSED :-
Rank of Name of Date of Date of Offences Whether Sentence Period of
Accused Accused Arrest Release on charged Acquitted imposed Detention
Bail with or convicted Undergone
during
Trial for
purpose of
section
428,
Cr.P.C.
Private 1. 489C IPC Acquitted -- --
job Narender 12.01.2018 18.5.2018
Kumar
-do- 2.
Narender 31.05.2018 06.6.2018 489C IPC Acquitted
@
Secretary --
LIST OF PROSECUTION / DEFENCE / COURT WITNESSES
State vs.Narender & Anr.
FIR No. 07/2018
PS: Special Cell Page no. 2 of 20
A. PROSECUTION
RANK NAME NATURE OF
EVIDENCE
(EYE WITNESS, POLICE
WITNESS, EXPERT
WITNESS, MEDICAL
WITNESS, PANCH
WITNESS. OTHER
WITNESS)
1. Constable Arif Khan Witness of raiding party
2.Dy. Manager, Nilesh Proved the FICN
Currency Note Ramesh
Press, Nasik Jadhav
3.SI` Jaipal Raiding team member
Singh
4.ASI Vijay Regarding taking of FICN
Yadav to Currency Note press,
Nasik
5.Head constable Sushil MHCM
Kumar
6. Head constable Sombir Raiding team member
7.SI Ved IO
Prakash
8.ASI Ajay Regarding taking of FICN
Yadav to Currency Note press,
Nasik
9.HC Naveen Raiding team members
10.Inspector Rohit IO
B. DEFENCE WITNESS, IF ANY :- NA
State vs.Narender & Anr.
FIR No. 07/2018
PS: Special Cell Page no. 3 of 20
RANK NAME NATURE OF EVIDENCE
(EYE WITNESS, POLICE
WITNESS, EXPERT WITNESS,
MEDICAL WITNESS, PANCH
WITNESS. OTHER WITNESS)
1. Smt. Sulochana Defence witness
Singh
2. Sh. Pawan Defence witness
Khanagwal
3. Sh. Ved Prakash Defence witness
4. Sh. Sunil Kumar Defence witness
C. COURT WITNESSES, IF ANY :- NA
RANK NAME NATURE OF EVIDENCE
(EYE WITNESS, POLICE
WITNESS, EXPERT WITNESS,
MEDICAL WITNESS, PANCH
WITNESS. OTHER WITNESS)
NIL
LIST OF PROSECUTION / DEFENCE / COURT EXHIBITS
A. PROSECUTION :-
Sr. No. Exhibit Number Description
1 Ex. PW1/A Refusal memo of
accused Narender
Kumar
2. Ex. PW1/B Seizure memo of
container containing
FICN
State vs.Narender & Anr.
FIR No. 07/2018
PS: Special Cell Page no. 4 of 20
3. Ex. PW1/C Handing over memo of
seal
4. Ex. PW2/A Report of
counterfeited notes by
Currency Note Press
expert
5. Ex. PW2/B Copy of opinion/report
of Currency Note
Press
6. Ex. PW2/C Report of expert of
currency note press.
7. Ex. PW3/A Copy of DD entry
8. Ex. PW3/B Rukka
9. Ex. PW 3/C Site plan
10. Ex. PW5/A Relevant entry of
deposit of case
property in the
malkhana
11. Ex. PW5/B Relevant entry of
deposit of case
property in the
malkhana dated
31.5.18.
12. Ex. PW5/C Copy of Road
certificate
13. Ex. PW5/D Copy of
acknowledgement
14. Ex. PW5/E Copy of road
certificate
15. Ex. PW5/F Copy of
acknowledgement
16. Ex. PW6/A Memo vide which the
State vs.Narender & Anr.
FIR No. 07/2018
PS: Special Cell Page no. 5 of 20
FICNs were taken into
possession
17. Ex. PW6/B Disclosure statement
of accused Narender
18. Ex. PW6/C Arrest memo of
accused Narender
.19. Ex. PW6/D Personal search memo
of accused Narender
20. Ex. PW 6/E Seal handing over
memo
21. Ex. PW7/A Endorsement on the
rukka
22. Ex. PW7/B FIR
23. Ex. PW 7/C Certificate u/s 65B
24. Ex. PW 8/A Road Certificate
regarding taking the
FICN to Currency
Note press Nasik
25. Ex. PW 8/B Acknowledgement
regarding deposit of
case property
26. Ex. PW8/C Copy of road
certificate regarding
deposit of case
property in malkhana
27. Ex. PW 10/A Disclosure statement
of accused Narender
28. Ex. PW10/B Arrest memo of
accused Narender
29. Ex. PW10/C Personal search memo
of accused Narender
B. DEFENCE: NIL
State vs.Narender & Anr.
FIR No. 07/2018
PS: Special Cell Page no. 6 of 20
Sr. No. Exhibit Number Description
Nil
C. COURT EXHIBITS :- NIL
Sr. No. Exhibit Number Description
Nil Nil
Nil Nil
D. MATERIAL OBJECTS :- NIL
Sr. No. Material Description
Object
Number
1 Nil Nil
2 Nil Nil
JUDGMENT
1. Accused persons have been sent up to face trial in this Court for commission of offences punishable under sections 489B/489C/120B IPC as to the possession of Fake Indian currency notes (hereinafter referred to as "FICN").
2. The brief facts of the prosecution case are that the present case was registered on the basis of secret information that on 12.01.2018 accused Narender @ Secretary has sent FICNs to his associates co- accused Narender Kumar. Narender Kumar was coming along-with FICN at Lal Quila Metro Station, Delhi at around 4-5 pm to supply the State vs.Narender & Anr.
FIR No. 07/2018PS: Special Cell Page no. 7 of 20 consignment of FICN to one Ashok. On the basis of secret information, raiding party was constituted which consisted of Inspector Sanjay, const. Arif, const. Bajrang, const. Gaurav and ASI Jaipal. Raiding team reached at the spot and took position at Lal Quila Metro Station, at around 4.10 pm. Accused Narender, who was wearing a blue colour jacket came there and started waiting for someone. The secret informer pointed out towards him. After waiting for about 10-15 minutes, then he started to walk away. The members of the raiding team apprehended him at the spot. Upon his search, two wads of FICN of 2000 denomination each was recovered and from the right pocket of his jacket and one wad of FICN of Rs.2000 denomination each was recovered from left pocket of his jacket. Each wad was found to be containing 50 notes of Rs.2000/- denomination. Therefore, the total value of FICN was found to be three lacs. During the interrogation accused person disclosed that he has purchased FICN from accused Narender @ Secretary. He proposed to sell one lakh value of FICN for a sum of Rs.60,000/- of real currency notes to one Ashok at Delhi. The FICNs were seized and accused was taken into custody.
As it was revealed that he has brought the FICN from accused Narender @ Secretary, therefore, further investigation was carried out against him. Thereafter, on 31.05.2018, SI Rohit Kumar alongwith HC Parambir, Const. Sombir, const. Sunil and constable Naveen went to Rohtak in search of accused Narender @ Secretary. He was found present in Indira Colony near Haryana bypass road and with the help of raiding team, accused Narender @ Secretary was apprehended. On formal search of him, from his right pocket of the lower 15 notes in the State vs.Narender & Anr.
FIR No. 07/2018PS: Special Cell Page no. 8 of 20 denomination of Rs.2000/- of FICN were recovered. FICN were seized and accused was arrested in the present case.
3. Vide order dated 18.05.2018 and 02.08.2019, charges were framed against accused persons namely Narender Kumar and Narender @ Secretary u/s 489C to which they pleaded not guilty and claimed trial.
4. In order to prove its case, the prosecution has examined as many as 10 witnesses:-
PW-1 Const. Arif Khan . He was members of the raiding team. He deposed that on 12.01.2018, he was posted at PS Special Cell when at about 2.00/2.15 pm one secret informer came in the office of special cell and informed ASI Jaipal that one person in the name of Narender Kumar will come near Lal Qila metro station in between 4.00 to 5.00 pm for the purpose of selling FICN.
He further deposed about the apprehension of accused at the spot, recovery of FICN from the accused vide seizure memo Ex.PW1/B. He further deposed that he took the rukka from the IO and handed over to him for registration of FIR. He came back to the spot after registration of FIR. He also identified the accused and case property correctly.
PW-2 is Sh. Nilesh Ramesh Jadhav, Dy. Manager(T), Currency Note Press, Nasik Maharashtra. He deposed that on 23.01.2018 his office received one plastic box in sealed condition brought by HC Ajay Yadav. One box was containing 150 notes of 2000 denomination. He carefully examined all the above 400 suspected State vs.Narender & Anr.FIR No. 07/2018
PS: Special Cell Page no. 9 of 20 counterfeit notes by comparing with genuine specimen Indian currency notes of respective variety with modern scientific instruments and on examination, all the 150 notes were found to be counterfeited notes for the reasons mentioned in his detailed report Ex.PW2/A. Similarly, he gave opinion with report of another wad of 15 FICN. The wad also found counterfeited. His report in this regard is Ex.PW2/B. He has proved his both reports.
PW-3 is SI Jaipal Singh. He deposed that he constituted the raiding team comprising of himself, Ct. Arif, Ct. Bajrang and Ct. Gaurav, on receipt of secret information of involvement of accused Narender in the illegal activities of FICNs. The copy of the DD entry in this regard is Ex.PW3/A. Members of the raiding team took their position along- with the secret informer. On the pointing out of secret informer, he with the help of members of raiding team apprehended accused Narender. FICNs were recovered from his possession which he took into possession vide seizure memo Ex.PW1/B. Thereafter, he prepared the rukka Ex. PW3/B, bearing his signature and handed over same to Ct. Arif for getting the FIR registered. After registration of FIR, the further investigation was entrusted to SI Rohit Kumar who came at spot. He has also proved the site plan prepared by SI Rohit Kumar as Ex.PW3/C. PW-4 is ASI Ajay Yadav. He took the FICN to Nasik Currency Note Press for expert opinion.
PW-5 is HC Sushil Kumar was posted as MHCM. He made relevant entries of the case property in register No.19 vide entry Ex.PW5/A for State vs.Narender & Anr.
FIR No. 07/2018PS: Special Cell Page no. 10 of 20 1 the property which was deposited in malkhana on 12.01.2018.
Similarly, the property deposited on 31.05.2018 was mentioned in register No.19 vide entry in register No.19 vide Ex.PW5/B. He handed over form FSL to HC Ajay along-with road certificate Ex.PW5/A for its onward transmission to Currency Note Press, Nasik vide acknowledgement Ex.PW5/D. HC Ajay handed over him acknowledgement from Currency Note Press, Nasik vide Ex.PW5/F. PW-6 is HC Sombir. He was the member of the raiding party, who arrested accused Narender @ Secretary on 31.05.2018 at Indira Colony, Rohtak. He witnessed the search, arrest of the accused and recovery of FICN from his possession. He also witnessed the seizure memo of FICN vide seizure memo Ex.PW6/A. He has also proved the arrest and personal search memo of accused vide Ex.PW6/C and Ex.PW6/D. He also proved the seal handing over memo vide Ex.PW6/E. He identified the FICN recovered from accused Narender @ Secretary vide Ex.PW6/P1.
PW7 SI Ved Prakash is retired and being the DO deposed that on 12.01.2018, he registered the FIR on receipt of rukka. He made endorsement on rukka Ex.PW7/A. He proved computerized copy of FIR and certificate u/s 65B IEA as Ex.PW7/D and Ex.PW7/C respectively.
PW-8 is ASI Ajay Yadav. He deposed that he collected the sealed parcel from MHCM along-with FSL form and took the same to Currency Note Press, Nasik along-with report and case property vide road certificate Ex.PW8/B. State vs.Narender & Anr.
FIR No. 07/2018PS: Special Cell Page no. 11 of 20 1 On 10.06.2018, he collected another sealed plastic container containing case property i.e. FICN and took the same to Currency Note Press, Nasik for expert examination. Road certificate in this regard is Ex.PW8/C and acknowledgement regarding deposit of the case property is Ex.PW8/D. PW-9 is HC Naveen. He was one of the member of the raiding party, who went to Rohtak for the arrest of the accused Narender @ Secretary. He has proved the recovery and arrest of the accused in terms of the testimony of the other witnesses. He has proved the seizure memo of the case property Ex.PW6/A, pointing out memo of accused Ex.PW6/C, personal search of accused Ex.PW6/B. He was also identified the case property.
PW-10 is Inspector Rohit. He was one of the members of the raiding team to reach the spot i.e. Lal Quila Metro Station, alongwith other members of the raiding party for the arrest of the accused. He deposed that on the pointing out of secret informer, Narender was apprehended in possession of FICN of the value around 3 lacs. He prepared the site plan vide Ex.PW3/C, interrogated the accused and recorded his statement. He arrested the accused and conducted his personal vide search vide memo Ex.PW10/B and Ex.PW10/C respectively.
He conducted the further investigation of sealing the case property, getting it deposited in malkhana and also directed its onward transmission to Currency Note Press, Nasik for expert opinion. After completion of investigation he filed the charge-sheet against accused Narender Kumar.
He has further deposed that on 30.05.2018, he along-with the State vs.Narender & Anr.
FIR No. 07/2018PS: Special Cell Page no. 12 of 20 1 members of the raiding team went to Rohtak in the search of accused Narender @ Secretary and apprehended him from Indira Colony, Hissar Bypass, Haryana and found him in possession of 15 notes of FICN. He took the case property, arrested the accused, prepared his personal search memo and also produced the accused before the concerned court.
5. During the course of evidence, accused has also admitted the execution of certain documents u/s 294 CrPC and the same are as follows:-
i) Copy of FIR as Ex.D1. ii) Certificate u/s 65B IEA as Ex.D2. iii) Copy of relevant entries in the register No.21 as Ex.D3. STATEMENT OF ACCUSED
6. After the conclusion of Prosecution Evidence, statement of accused persons were recorded u/s 313 CrPC wherein they have denied the entire prosecution case.
Accused Narender @ Secretary stated that he was lifted by the police from his native house at Indira Colony on 30.05.2018 at about 11 am. Nothing was recovered from his possession and he has denied of his acquaintance and involvement in the present case. He has also stated that his signatures were obtained on blank papers in the PS and thereafter has been falsely implicated in this case.
Accused Narender Kumar stated that infact he was lifted by the police from his house at Haryana on 10.01.2018 in the evening two days prior to the alleged incident and no recovery was effected from his possession.
State vs.Narender & Anr.
FIR No. 07/2018PS: Special Cell Page no. 13 of 20
1
DEFENCE EVIDENCE
7. Accused Narender @ Secretary has also examined four defence witness i.e. DW1 to DW4.
8. DW1 Smt. Sulochana, his wife has deposed that on 30.05.2018 between 10.00 am to 11.30 am, accused was picket up by the police official from his house and infact in the evening at around 5.00 pm it was informed about his arrest in the present case.
9. DW2 Sh. Pawan Kumar has deposed that on 30.05.2018 at about 10.00 pm to 11 pm, two police officials in plain clothes came to his shop and asked about the house of accused Narender @ Secretary. He took them to his house and then they picked up the accused from his house.
10. DW3 Sh. Ved Prakash is examined on behalf of accused Narender who deposed that on 10.01.2018, at about 5.00 pm, when he was sitting in front of the gate of the Mandir alongwith his son, accused Narender, police officials in plain clothes took him from there.
11. DW4 is examined by Narender Kumar. He also corroborated the version of DW3 about picked up of the accused from in front of the Mandir gate.
12. I have heard and considered the submissions made by Sh. D.P. Pandey, Ld. Counsel for both the accused and Sh. Ashok Kumar, Ld. Addl. PP for State and also carefully gone through the material available on record.
ARGUMENTS ON BEHALF OF ACCUSED :-
13. It is argued by Ld. defence counsels that accused have been falsely implicated in the present case. It is also submitted that State vs.Narender & Anr.
FIR No. 07/2018PS: Special Cell Page no. 14 of 20 1 prosecution has failed to prove any intention to do the crime and in the absence of any material to this respect, no offence is made out against them. It is further argued by the Ld. Defence counsel that accused persons have been falsely implicated in the present case. The case of prosecution is full of doubt as no public witness has been joined at the time of arrest and alleged recovery from their possession. It is further submitted that testimony of PW10 is clear about the falsity of the case of the prosecution as despite the availability of CCTV camera at the spot of arrest of the accused Narender, no steps were taken to obtain the CCTV footage to substantiate the arrest of the accused.
14. It is also argued that no public witness has been joined, in the absence of the same, reliance solely on the police witness can not be made.
It is further argued that there is no evidence on record with respect to involvement of the accused in the alleged conspiracy with co-accused persons. It is averred that recovery has been planted upon them. It is also submitted that there is no evidence of circulation or trafficking of FICN on the part of the accused. Ld. Defence counsel has further highlighted the contradictions in the testimony of the prosecution witnesses.
POINTS OF DETERMINATION :-
15. In order to bring home the charges for the commission of offence punishable for the commission of offence u/s 489C the prosecution is required to prove that :-
(A) the accused persons were found in possession of the counterfeit currency notes.
State vs.Narender & Anr.
FIR No. 07/2018PS: Special Cell Page no. 15 of 20
1
(B) The accused persons were having knowledge of the same
to be counterfeit and knowing it to be used as genuine.
16. As per the case of the prosecution, in the present case accused Narender Kumar was apprehended on 12.01.2018 in possession of three wads of 50 FICN each in the denomination of Rs.2000/- valuing around Rs.3 lacs. During investigation he made disclosure about the involvement of co-accused Narender @ Secretary from whom he obtained the said consignment of FICN which he further intended to supply to one Ashok. He went to the spot for its supply, waited there for him but he did not turn up. Meanwhile, the raiding team of PS Special Cell came there and apprehended him at Lal Quilla Metro Station.
On the basis of disclosure statement of the accused Narender and evidence surfaced during the investigation, the police team went into the search of accused Narender @ Secretary and apprehended him from Rohtak on 31.05.2018, he was found in possession of 15 FICN in the denomination of Rs.2000/- each valuing around Rs.30,000/-.
Charge against the accused persons were framed by the Ld. Predecessor for the commission of offence u/s 489C whereas, they were discharged from the commission of offence u/s 489B/120B IPC.
17. It has been observed during the trial of such cases and from the evidence of the present case that the manner of investigation is very important. It is true that it is difficult to the police to find a person to become a witness to the arrest, recovery and investigation, they State vs.Narender & Anr.
FIR No. 07/2018PS: Special Cell Page no. 16 of 20 1 refuses due to their personal reasons or due to fear of harassment during the police proceedings. At the same time, investigating agency cannot take excuses all the time of non availability of public persons or their refusal to join the investigation. Infact prosecution is required to show that all sincere steps were taken to join the public witness so that credibility of arrest and recovery cannot be doubted. At the same time, the court also cannot loose sight of the fact that the testimony of police witnesses can not be discarded solely on the ground of non joining of public witness unless there is cogent reason to disbelieve them. Sincere efforts of IO cannot be discarded outrightly. PW10 Inspector Rohit is one of the important witness from the side of the prosecution being the member of the raiding team. He deposed that he reached the spot along-with other members of the raiding team and in his presence the secret informer pointed out towards the accused who was found in possession of three wads of FICN valuing Rs.3 lacs. In his cross- examination, this witness has deposed that ASI Jaipal had told him that he asked the public witness to join the raiding team for apprehending accused Narender at the time of recovery proceedings but he did not record the statement of the witness at the spot.
This witness has further stated in his cross-examination that "I had not asked any public person to join the investigation when I was conducting the investigation. It is correct that CCTV cameras were installed near the spot. I had not collected the CCTV footage from the said cameras. It is correct that I had arrested the accused at the spot and personal search was also conducted there."
Accused Narender was arrested from the spot near the gate of State vs.Narender & Anr.
FIR No. 07/2018PS: Special Cell Page no. 17 of 20 1 Metro Station Lal Quila and this witness has specifically admitted in his cross-examination that CCTV footage cameras were installed but the footage of the same were not obtained. It is understandable that sometime public witness do not agree to join the proceedings as they do not want to trouble themselves in making several rounds in the police station for the purpose of joining the investigation. In that case also the IO must issue a notice to such person who refused to join the proceedings under the relevant provisions of CrPC. Even if it is believed that no one had agreed to join the investigation despite best efforts by the IO and members of the investigation team, even then there was availability of vital piece of evidence in the form of CCTV footage as the cameras were already installed there and PW10 has admitted this fact. No cogent explanation has come on record in the testimony of any of the prosecution witnesses as to why the CCTV footage of such cameras were not obtained. The purpose of installing CCTV cameras at different places is only to ensure the safety and security of the public and if such tool was available at that time it should have been used by the IO to strengthen its case beyond reasonable doubts.
18. As far as the effort to join the public witness is concerned, as per the testimony of PW1 constable Arif Khan, who was one of the member of the raiding team, in his cross-examination he stated that IO did not serve any notice upon public witness who refused to participate in the raiding team. It appears that sincere efforts were not made to join the public witnesses. Therefore, the story of prosecution qua the State vs.Narender & Anr.
FIR No. 07/2018PS: Special Cell Page no. 18 of 20 1 arrest of accused Narender and recovery from his possession is not beyond a reasonable doubt.
19. Similar is the case of accused Narender @ Secretary from whom a small amount of FICN in comparison to Narender is effected from his possession. As per the testimony of the prosecution witnesses, who were the members of the raiding team, accused was apprehended from a residential area where ample opportunity to ask the passerby to join the investigation cannot be ruled out. People of such locality could have been the best person to be a public witness being the local of the area. It would have been easy to make them accountable. Strangely no efforts were made to join such locals as witness. It is evident from the testimony of PW10 in this regard, in his cross-examination, he has admitted that he did not inform the local police about his arrival along- with team members on 30.05.2018. He also did not ask any public person to join the apprehending proceedings of accused Narender @ Secretary. Even the explanation given by PW10 of not joining the public witness is that all of a sudden accused was seen by him and he could not get the chance to ask the public persons. This explanation is not tenable due to the reason that it is quite understandable that if accused suddenly appeared, in that case, police party may not had opportunity to join public witnesses but who had stopped the police party/IO to join a public person as witnesses even after apprehending him to corroborate the time and place of arrest. The arrest of accused Narender @ Secretary after four months of arrest of accused Narender, that is with a small amount of FICN, in totality of above discussed circumstances, casts serious doubts over the truthfulness of the case of State vs.Narender & Anr.
FIR No. 07/2018PS: Special Cell Page no. 19 of 20
1
prosecution.
20. Therefore, the evidence and the circumstances shows that sincere effort were not made to join the public witnesses and to collect the vital piece of evidence. Prosecution is required to bring evidence to make out a case beyond reasonable doubt. The present case is such where accused deserve the benefit of doubt.
21. Therefore, in the totality of the above discussions, it is observed that the recovery of FICN against accused persons as punishable u/s 489C IPC is not proved.
22. It is settled proposition of law that in a criminal trial, the prosecution is required to prove its case beyond a shadow of reasonable doubt and in the case at hand, the prosecution has miserably failed to prove its case and accused persons deserves to be acquitted.
23. With these observations, both the accused persons namely Narender Kumar and Narender @ Secretary are hereby acquitted of the offences charged with. They are on bail. Their bail bonds stands discharged. However, they are directed to furnish PB/SB in the sum of Rs.20,000/- in compliance of Section 437A CrPC.
24. Instant judgment be uploaded on the website immediately.
25. File be consigned to Record Room after due compliance.
Announced in the open court
on 28.08.2023 ( Sanjay Khanagwal )
ASJ-02:NDD:PHC
Dated 28.08.2023
State vs.Narender & Anr.
FIR No. 07/2018
PS: Special Cell Page no. 20 of 20
2
SC No. 159/2018
FIR No. 07/2018
PS: Special Cell
State v. Narender Kumar & Anr.
28.08.2023..
Present: Sh. Ashok Kumar, Ld. Addl. PP for the State.
Both the accused on bail with counsel Sh. D.P.
Pandey.
Vide separate judgment, dictated and announced in the open court today, both the accused namely Narender Kumar and Narender @ Secretary are acquitted of the offences charged with. They are on bail. Their bail bonds stands discharged. However, they are directed to furnish bail bond in the sum of Rs.20,000/- in compliance of Section 437A CrPC.
Both the accused submits that their surety is not available today and since they are resident of outstation they may be granted some time to furnish bonds u/s 437A. Allowed. However personal bond on behalf of both the accused furnished and accepted till 05.09.2023.
File be consigned to Record Room after due compliance.
(Sanjay Khanagwal) ASJ-02, NDD/PHC/New Delhi 28.08.2023