Calcutta High Court (Appellete Side)
Monoruddin Mallick @ Monir Sk vs Unknown on 8 July, 2021
08.07.2021
Mithun
Ct.No.42.
IA No: CRAN/1/2019 (Old No:3953/2019), CRAN/2/2021
in
CRA/554/2019
(Via Video Conference)
In Re : CRAN/2/2021
In re: An application under Section 389 of the Code of Criminal
Procedure, 1973 in connection with judgment and order dated
27.08.2019 passed by the learned Additional Sessions Judge,
1st Fast Track Court, Kandi, Murshidabad in S.T.No.07(1)2019
and S.S1 (CIS) No.274 of 2018 whereby the appellant was
convicted for the offence punishable under Section 489B and
489C of Indian Penal Code.
In the matter of: Monoruddin Mallick @ Monir Sk.
...Appellant.
Mr.Gobinda Chandra Baidya, Adv.
Mr.Gora Chand Samanta, Adv.
...for the appellant.
Ms.Manaswita Mukherjee, Adv.
.....Interveners.
Ms.Faria Hossain, Adv.
Ms.Sujata Das, Adv.
... for the State.
It is submitted on behalf of the petitioner that the
petitioner suffered sentence in connection with Sessions Trial
No.7(1)2019 for the offence under Sections 489B/489C of the
Indian Penal Code. The said judgment and order of conviction
dated 27th August, 2019 passed by the learned Sessions Judge,
1st Fast Track Court, Kandi, Murshidabad is under challenge in
the instant appeal. The accused is in custody. Previously on
15th December, 2020, a Co-ordinate Bench of this Court
rejected the prayer for bail of the accused.
It is submitted by the learned Advocate for the petitioner
that though there is no allegation or proof in respect of the
charge under Section 489B of the Indian Penal Code, he was
convicted and sentenced to suffer rigorous imprisonment of four
years. Even assuming that fake currency notes were recovered
from the petitioner, though the same have been supported by
the independent witnesses, he could have been only punished
for committing offence under Section 489C of the Indian Penal
Code.
It is further submitted that the accused is in custody for
about 2 years and 10 months. Therefore, it is submitted by the
learned Advocate for the petitioner that he should be released
on bail.
Ms. Faria Hossain, learned Advocate for the State has
raised objection against the prayer for bail citing the previous
order dated 15th December, 2020.
I have perused the impugned judgment. It is true that
the independent witnesses did not support the seizure of fake
currency notes from the possession of the accused at the place
of occurrence. On the contrary, their specific evidence is that
they put their signatures on the seizure list in the police
station.
Be that as it may, the question as to whether the learned
Trial Judge appreciated the evidence properly or not will be
considered at the time of final hearing of the appeal. However,
since the appellant is in custody for more than 2 years and 10
months and he has completed more than half of the period of
sentence in custody, he is entitled to bail.
The accused/petitioner Monoruddin Mallick @ Monir Sk.
is granted bail of Rs.10,000/- with two sureties of like amount
to the satisfaction of the learned Additional Chief Judicial
Magistrate, Kandi with further conditions that if on bail, he
shall file an affidavit stating his residential address and mobile
phone number, if any, before the Officer-in-Charge of Burwan
Police Station.
It is further directed that the accused on bail shall meet
the Officer-in-Charge of the Burwan Police Station once in a
fortnight till the disposal of the instant appeal.
Department is directed to take immediate step for
bringing the lower court record and preparation of paper book.
( Bibek Chaudhuri, J. )
