Delhi High Court - Orders
Julfikar Alam @Anwar @Aman vs State Of Nct Of Delhi on 15 May, 2025
Author: Amit Sharma
Bench: Amit Sharma
$~23 to 25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 854/2024
JULFIKAR ALAM @ANWAR @AMAN .....Appellant
Through: Mr. Faraz Maqbool (DHCLSC), Ms.
Deepshikha, Ms. Sahitya Veena, Ms.
Sana Juneja,Advocates.
versus
STATE OF NCT OF DELHI .....Respondent
Through: Ms. Priyanka Dalal, APP for the
State.
Insp. Sanjeev Kumar., PS Spl. Cell.
24
+ CRL.A. 919/2024
DEEPAK KUMAR MANDAL .....Appellant
Through: Ms. Nandita Rao, Sr. Adv., Mr.
Abhinandan Gautam, Ms. Samridhi
Dobhal, Mr. Amit Peswani, mr. Ankur
Raghav, Advs.
versus
STATE NCT OF DELHI .....Respondent
Through: Ms. Priyanka Dalal, APP for the
State.
Insp. Sanjeev Kumar., PS Spl. Cell.
25
+ CRL.A. 991/2024
UTTAM MANDAL .....Appellant
Through: Ms. Nandita Rao, Sr. Adv., Mr.
Abhinandan Gautam, Ms. Samridhi
Dobhal, Mr. Amit Peswani, mr. Ankur
Raghav, Advs.
versus
STATE NCT OF DELHI .....Respondent
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 29/06/2025 at 17:40:48
Through: Ms. Priyanka Dalal, APP for the
State.
Insp. Sanjeev Kumar., PS Spl. Cell.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 15.05.2025
1. This hearing has been done through hybrid mode.
CRL.M.(BAIL) 1521/2024(suspension of sentence) in CRL.A. 854/2024 ,CRL.M.(BAIL) 1649/2024(suspension of sentence) & CRL.M.A. 29798/2024(stay) in CRL.A. 919/2024 AND CRL.M.(BAIL) 1771/2024(suspension of sentence) & CRL.M.A. 32280/2024(stay) in CRL.A. 991/2024
2. The present applications under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seek suspension of sentence and release of the applicants/appellants on bail during the pendency of the present appeals.
3. Vide the impugned judgment of conviction and order on sentence dated 01.08.2024 and 07.08.2024, respectively, the applicants/appellants in the present FIR have been convicted in the following manner: -
i. The appellant/applicant in CRL.A. 854/2024- Julfikar Alam @ Anwar @ Aman has been sentenced to undergo rigorous imprisonment of six years and six months along with fine of Rs. 15,000/- and, in default of payment of fine, he shall further undergo simple imprisonment for two months for the offence punishable under Section 489B of the IPC.
ii. The appellant/applicant in CRL.A. 991/2024- Uttam Mandal has been sentenced to undergo rigorous imprisonment of five years along with fine of Rs. 15,000/- and, in default of payment of fine, he shall further undergo simple This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 17:40:48 imprisonment for two months for the offence punishable under Section 489B of the IPC.
iii. The appellant/applicant in CRL.A. 919/2024- Deepak Kumar Mandal has been sentenced to undergo rigorous imprisonment for five years and six months along with fine of Rs. 15,000/- and, in default payment of fine, he shall further undergo simple imprisonment for two months for the offence punishable under Section 489B of the IPC.
4. It is the case of the prosecution that the appellants/applicants were found in possession of Fake Indian Currency Notes (hereinafter referred to as, 'FICNs'), to the tune of Rs. 5,50,000/-, out of which Rs. 3,00,000/- had been recovered from the appellant/applicant- Julfikar Alam, Rs. 1,00,000/- from the appellant/applicant-Uttam Mandal and Rs. 1,50,000/- from the appellant/applicant- Deepak Kumar Mandal. The case of the prosecution was that the appellants/applicants-Julfikar Alam and Uttam Mandal were apprehended at the front gate of Railway quarters, Thomson Road. It is alleged that after these two appellants/applicants were apprehended, on a disclosure statement made by one of them, the appellant-Deepak Kumar Mandal was apprehended from his home and, thereafter, the aforesaid recovery was made.
5. Learned Senior Counsel appearing on behalf of the appellants/applicants submits that the conviction of the appellants/applicants under Section 489B of the IPC is unfounded, inasmuch as there is no evidence on record that the possession of the alleged FICNs were for the purposes of trafficking. It is pointed out that learned Trial Court while convicting the present appellants have made the following observations: -
"28. In the absence of any explanation, the only irresistible This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 17:40:48 inference that can be drawn is that the accused persons were fully conscious of nature of currency notes and have every reason to believe that the currency notes were counterfeited."
6. It is submitted that the appellants/applicants during the course of the trial were on bail and had not misused the liberty granted to them. The economic and the family status of the appellants/applicants have been recorded by the learned Trial Court vide the order of sentence dated 07.08.2024.
7. It is further submitted that the appellants have undergone the custody period of 1 year including the remission period and there are no other previous involvements of the appellants/applicants.
8. Learned APP appearing on behalf of the State submits that the conviction qua the present appellants under Section 489B of the IPC is clearly made out on the account of the fact that they were apprehended in possession of the FICNs for which they had not given any explanation.
9. As per the case of the prosecution, the present appellants/applicants were apprehended and were found in the possession of FICNs, as pointed out hereinabove. The provisions under Section 489B of the IPC are attracted where the prosecution has been able to establish the fact that the possession of the FICNs was for the purpose of trafficking. In the present case, no such direct evidence has come on record and the findings of the learned Trial Court with respect to commission of offence under Section 489B of the IPC is on the basis of the possession of the Fake Indian Currency Notes.
10. Nominal rolls received from the Office of the Superintendent of Prison, Central Jail No.3, Tihar dated 08.05.2025, reflect that as on 06.05.2025, the appellants/applicants- Julfikar Alam and Deepak Kumar Mandal have This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 17:40:48 undergone incarceration for a period of 1 year including remission. Nominal roll received from the Office of the Superintendent of Prison, Central Jail No.3, Tihar dated 06.05.2025, reflects that as on 05.05.2025, the appellant/applicant- Uttam Mandal has undergone incarceration for a period of 1 year and 1 month including remission. The nominal rolls further reflect that no previous offence is pending against the present appellants/applicants.
11. In totality of the facts and circumstances, the sentence awarded to applicants/appellants, is suspended and they are directed to be released on bail on their furnishing a personal bond in the sum of Rs. 15,000/- with one surety of the like amount to the satisfaction of the Trial Court/Link Court, further subject to the following conditions:
i. The appellants/applicants shall not leave the country without prior permission of this Court.
ii. The appellants/applicants shall intimate this Court by way of an affidavit and to the Investigating Officer regarding any change in residential address.
iii. The appellants/applicants shall appear before this Court as and when the matter is taken up for hearing.
iv. The appellants/applicants shall provide his mobile number to the Investigating Officer and intimate about any change.
12. In view of the aforesaid, the applications are allowed and disposed of accordingly.
13. Needless to state, nothing mentioned hereinabove is an opinion on the merits of the case and any observations made are only for the purpose of the present bail applications.
14. Copy of the order be sent to the concerned Jail Superintendent for This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 17:40:48 necessary information and compliance.
15. Order be uploaded on the website of this Court forthwith. CRL.A. 854/2024, CRL.A. 919/2024 & CRL.A. 991/2024
16. List these appeals in due course.
AMIT SHARMA, J MAY 15, 2025/kr/sc Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 17:40:48