Brojendra Dhore vs State Of West Bengal
2021 Latest Caselaw 883 Cal

03.02.2021 Ct. No.9 S/L No.15 KS [

C.R.A. 75 of 2020 With IA. No. CRAN 1 of 2021 (Via Video Conference) Brojendra Dhore

-Vs.-

State of West Bengal

Mr. Sandip Chakraborty ..... For the Appellant Mr. Rana Mukherjee Ms. Sujata Das .....For the State

This is an application under Section 389 of the Code of

Criminal Procedure filed on behalf of the appellant praying for

release of the appellant on bail, inter alia, on the ground that the

appellant was on bail during the period of trial and there is bright

chance of success in the appeal and for the reasons that there is

no immediate possibility of appeal being heard.

It is submitted on behalf of the appellant that the

appellant/petitioner is in custody for the last three years after the

judgment of conviction and sentence for the charges under

Section 389B and 389C of the Indian Penal Code.

It is submitted that independent witnesses have not proved

the prosecution case and so also the seizure list witnesses in

respect of the seizure.

Having heard the learned advocate for the appellant and

the State and considering the findings of the judgment and

bearing upon the alleged seizure of fake currency notes of huge

amount, the prayer for bail is refused.

IA. No. CRAN 1 of 2021 is rejected and disposed of.

The department is directed to bring the Lower Court

Record from the trial Court through special messenger within a

period of two weeks from date and prepare requisite number of

paper books within a week and place the appeal for its final

hearing on merit.

Urgent photostat certified copies of this order, if applied

for, be made available to the parties upon compliance of the

requisite formalities.

(Shivakant Prasad, J.)