Calcutta High Court (Appellete Side)
Md. Saddam Hossain vs Unknown on 10 March, 2021
10.03.2021
Mithun
Sl. No.08
D/L.
Ct.No.30.
IA No:CRAN/2/2019 (Old No:CRAN/3875/2019)
in
CRA/461/ 2019
In re: An application for bail under Section 389(1) of the
Code of Criminal Procedure, 1973.judgment of
conviction dated 28.02.2019 and order of
sentence dated 01.03.2019 passed by the learned
Additional District & Sessions Judge, 2 nd Fast Track
Court, Jangipur, Murshidabad in Sessions Trial
Case No.02(02)/2018 arising out of S.SI./C.I.S.
No.133/2017 convicting thereby the present
appellant and another co-accused for commission
of offences punishable under Sections 489B/489C
of the Indian Penal Code and under Section 14 of
the Foreigners Act.
In the matter of : Md. Saddam Hossain.
...the appellant.
Mrs.Sreyashee Biswas, Adv.
Ms. Benajir Hansa, Adv.
... for the appellant.
Ms, Faria Hossain, Adv.
Ms. Baisali Baso, Adv.
...for the State.
The appellant has prayed for suspension of sentence
and bail till the disposal of the appeal.
It is recorded at the outset that the appellant was
convicted for committing offence under Sections
489B/489C of the Indian Penal Code and Section 14 of the
Foreigners Act.
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It is submitted by the learned Advocate for the
appellant/petitioner which is frankly admitted by the
learned Advocate for the State that the present petitioner
is not a foreign national and he cannot be punished under
Section 14 of the Foreigners Act.
With regard to the charge under Section 489B/489C
of the Indian Penal Code, it is submitted by the learned
Advocate for the petitioner that there is no evidence that
the petitioner used to counterfeit currency notes for the
purpose of selling or buying anything from any third
person. The evidence is also absent with regard to
another ingredient of receipt of counterfeit notes from
some other persons. Therefore, prima facie the petitioner
cannot be held guilty for offence punishable under Section
489B of the Indian Penal Code. Section 489C of the Indian
Penal Code is bailable in nature and therefore, sentence
may be suspended and the accused person may be
enlarged on bail.
Learned P.P.-in-Charge has raised vehement
objection stating, inter alia, that the Trial Court correctly
presumed that the petitioner received counterfeit currency
notes from some other persons. Therefore, Section 489B
of the Indian Penal Code attracts.
Considering the submission made by the learned
Advocate for the parties, I am inclined to release the
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petitioner on bail. The petitioner may find bail of
Rs.20,000/-(Rupees Twenty Thousand Only) with two
sureties of Rs.10,000/- each to the satisfaction of the
learned Chief Judicial Magistrate, Murshidabad with further
conditions that if on bail, he must visit the Officer-in-
Charge of the jurisdictional P.S. once in a month and on
the first date of his visit, he shall produce his residential
address, mobile phone number, if any, by swearing an
affidavit to the Officer-in-Charge of the concerned Police
Station.
If the petitioner violates any of the above conditions,
the order bail shall be cancelled without further reference
to this Court.
It is found from the office report that lower court
record has already been received by the Criminal Appeal
Department.
Therefore, the S.O., Criminal Appeal Department is
directed to examine the record and if the record is found
complete then paper book be prepared within 3 weeks
from the date of the order and be supplied to the learned
Counsels for the appellant and the respondent.
(Bibek Chaudhuri, J)
