Calcutta High Court (Appellete Side)
Dipak Das vs Unknown on 25 November, 2021
25.11.2021
Serial no. 11
Srimanta
(Through Video Conference)
IA NO.:CRAN/1/2021
in
CRA No. 281 of 2021
In re : An Application for suspension of sentence and Bail under
Section 489B/489C of the Indian Penal Code in connection with
Shibpur Police Station Case No. 840 of 2013 dated 04.08.2013
under Sections 489B/489C of the Indian Penal Code.
-And-
In the matter of : Dipak Das ... ...Appellant.
Mr. Debasis Kar, Adv.,
Mr. Subhajit Chowdhury, Adv. ... ... For the Appellant.
Mrs. Anasuya Sinha, Adv.,
Mr. Pinak Kumar Mitra, Adv.
... ...For the State
This is an application for suspension of sentence and
bail of the accused.
The accused was convicted for committing offence
under Sections 489B and 489C of the Indian Penal Code and
was sentenced to rigorous imprisonment for five years with
fine and default clause for committing offence under Section
489B of the Indian Penal Code and three years with fine and
default clause for offence under Section 489C of the Indian
Penal Code.
It is submitted by the learned advocate for the
appellant that the appellant was sentenced to term
imprisonment. It is the consistent view of the Hon'ble
Supreme Court that pending appeal against a term
imprisonment the accused should be released on bail. In
support of his contention, the learned advocate for the
appellant/petitioner refers to the decision of the Hon'ble
Supreme Court in the case of Bhagwan Rama Shinde Gosai
& Ors. -Vs.- State of Gujarat reported in 1999 Cal Cr.L.R.
(SC) 247.
Learned Public Prosecutor-in-Charge, on the other
hand, has raised objection against the prayer for bail. It is
ascertained from the impugned judgment that while working
out a source information the accused was arrested and 15
numbers of fake Indian currency notes were recovered. The
said fake currency notes were seized by police in presence of
the independent witnesses but during trial, the said
independent witnesses were not examined. All the witnesses
are police personnel. It is not the law that the evidence of the
police personnel should be taken into consideration with a
pinch of salt, but the question of appreciation of evidence lies
at the time of final hearing of the appeal.
Since the appellant was all along on bail during trial
of the case and he suffered term imprisonment, I am inclined
to release the appellant on bail subject to the following
conditions: -
The appellant shall be enlarged on bail of Rs.20,000/-
(Rupees Twenty Thousand) with two sureties of Rs.10,000/-
(Ten Thousand) each, one of whom must be a local surety to
the satisfaction of the learned Chief Judicial Magistrate,
Howrah with further condition that if on bail he must meet the
Officer-in-Charge of the jurisdictional Police Station once in a
month and on his first date of visit he shall submit his
residential address and mobile phone number, if any and the
copy of Aadhar Card by swearing an affidavit to the
jurisdictional Officer-in-Charge, so that he may be tracked
during the pendency of the appeal.
The Department is directed to bring the Lower Court
Record at the earliest and take step for examination of record
and preparation of paper books.
The matter be listed in the Combined Monthly List of
January, 2022.
IA NO.:CRAN/1/2021 is disposed of.
(Bibek Chaudhuri, J.)
