Amijuddin Sk vs Unknown
2021 Latest Caselaw 1666 Cal

04.03.2021 Mithun Sl. No.04 D/L.

Ct.No.30. CRA/651/ 2019 with IA No: CRAN/1/2020, CRAN/2/2020

In Ref: An application under Section 374(2) of the Code of Criminal Procedure.

In the matter of : Amijuddin Sk.

...the petitioner.

Md. Manuwar Ali, Adv.,

... for the petitioner.

Mr. Swapan Banerjee, Adv.

Mrs. Purnima Ghosh, Adv.

...for the State.

The petitioner is convicted and sentenced for committing

offence under Section 489B/489C of the Indian Penal Code by

the learned Trial Judge.

The learned Advocate for the petitioner has prayed for bail

on the following grounds:

(1) The independent witnesses to seizure (P.W.6 and

P.W.7) did not support the prosecution case;

(2) From the evidence of the Investigating Officer it

might be held by the learned Trial Judge that the

entire investigation was perfunctory;

(3) The petitioner is in custody for about 3 years and

thus, he has suffered almost half of the period of

sentence.

Learned P.P.-in-Charge has opposed the prayer for

bail on the ground that huge quantity of fake currency

notes amounting to Rs.7,00,000/- was recovered from the

petitioner.

I have carefully perused the judgment passed by the

learned Trial Judge. The effect of the evidence of the

independent witnesses to seizure and the evidence of the

investigating officer shall be considered at the time of final

hearing of the appeal. At this stage suffice it to say that

the petitioner was held guilty, convicted and sentenced for

committing offence under Section 489B/489C of the Indian

Penal Code. Considering such aspect of the matter, I am

not inclined to release the petitioner on bail.

It appears from the office report that the lower court

record has already been received by the department. The

Department is directed to prepare paper books within

three weeks from the date positively and serve the copy of

the same to the learned Advocates for the

appellant/petitioner and the State.

The learned Advocate for the appellant is at liberty

to mention the matter immediately on receipt of the paper

book for final hearing of the appeal.

(Bibek Chaudhuri, J)