Chattisgarh High Court
Chitrabhan Vaishnav And Anr vs State Of Chhattisgarh on 5 February, 2025
1
2025:CGHC:6648
Digitally
signed by
SOURABH
NAFR
SOURABH PATEL
PATEL
HIGH COURT OF CHHATTISGARH AT BILASPUR
Date:
2025.02.07
14:27:04
+0530
CRA No. 583 of 2007
1. Chitrabhan Vaishnav S/o Devi Prasad Bairagi, Aged about 23 Years,
R/o Fatteganj, Thana-Kartala, Distt.-Korba (C.G.).
2. Pradeep Kumar Patel S/o Champatlal Patel, Aged about 27 years,
R/o Village-Kasipani, Chowki-Urga, Thana-Kotwali, Korba (C.G.).
... Appellants
versus
1. State Of Chhattisgarh Through-Police Chowki- Urga, Thana-Korba,
Distt.- Korba (C.G.).
... Respondent
For Appellants : Mr. Sanjay Patel, Advocate.
For Respondent/State : Mr. H.A.P.S. Bhatia, P.L.
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Judgment on Board
05/02/2025
1 The present appeal arises out of the impugned judgment of
conviction and order of sentence dated 30.06.2007 passed by the
learned Session Judge, Korba, District-Korba (C.G.), in Session trial
No. 39/2005 whereby the learned Session Judge has convicted and
sentenced the appellants as under :
Conviction Sentence
U/s 489-C of IPC Rigorous imprisonment for 03 years
with fine of Rs. 1000/- to each; in
default of payment of fine amount
additional R.I. for 06-06 months to
each.
2 The case of the prosecution, in brief, is that on 24/25.03.2005, in the
night, Mukhbir informed the SHO of Chowki-Urga that Appellants
(Chitrabhan Vaishnav and Pradeep Kumar) were in possession of
counterfeit currency notes and were roaming around to circulate
them. On the basis of said information, the SHO along with
witnesses went to Tuman in search of the said accused persons.
However, both the accused persons had run away. Upon searching,
the accused Chitrabhan (A-1) was caught in Fatehganj and
counterfeit currency notes of Rs.4,500/- were seized from his
possession. On interrogation, Chitrabhan revealed that he along
with Pradeep Kumar alias Pappu was involved in circulating
counterfeit notes in Tuman. Thereafter, Pradeep Kumar Patel (A-2)
was also caught from his residence Kasipani and counterfeit
currency notes of Rs.11,180/- were seized from his possession.
Based on the basis of above, the offence was registered against the
said accused persons under Section 489-B & 489-C of IPC.
3 So as to hold the appellants guilty, the prosecution has examined as
many as 10 witnesses and exhibited 12 documents. However,
appellants have exhibited 01 documents in their defence. The
statement of the appellants were also recorded under Section 313 of
the Cr.P.C. in which they denied the circumstances appearing
against them and pleaded innocence and false implication in the
case.
4 After hearing the parties, vide impugned judgment of conviction
and order of sentence dated 30.06.2007, learned Judge has acquitted
the appellants for the offence punishable under Section 489-B and
convicted and sentenced the appellants for the offence as mentioned
in para-1 of this judgment. Hence, the present appeal.
5 Learned counsel appearing for the appellants submits that he is not
pressing the appeal so far as it relates to the conviction part of the
judgment and would confine his argument to the sentence part
thereof only. According to him, the incident is said to have taken
place in the year 2005, and thereby more than 19 years have rolled
by since then. At present, Appellant No. 1 is aged about 42 and
Appellant No. 2 is aged about 46 years and appellant No. 1 & 2
have already remained in jail for about 01 month 24 days and 01
month 21 days, and no useful purpose would be served in again
sending them to jail, therefore, in the interest of justice, it would be
appropriate if the sentence imposed upon them may be reduced to
the period already undergone by them.
6 Per contra, learned counsel appearing for the State, supporting the
impugned judgment, opposed the arguments advanced on behalf of
the counsel for appellants.
7 Heard learned counsel for the parties and perused the material on
record including the impugned judgment.
8 Having gone through the material available on record and the
evidence of the witnesses Diwakar Sahu (PW-1), Chandrama Singh
Rajput-S.I. (PW-2), Jageshwar Rathore (PW-3), Mangal Singh (PW-
6), D.K.Warad Pandey (PW-9) and Sadasiv Ghanshyam (PW-10)
establish the involvement of the appellants in the crime in question.
This Court does not see any illegality in the findings recorded by
the Trial Court as regards conviction of the appellants for the
offence punishable under Sections 489(c) of IPC.
9 As regards sentence, considering the fact that the incident had taken
place on 24/25.03.2005 about 20 years ago and further considering
the facts and circumstances of the case and also considering the fact
that no previous criminal record has been reported against the
appellants. Appellant No. 1 has already remained in jail for about 01
month 24 and appellant No. 2 has remained in jail for about 01
month 21 days, this court is of the opinion that the ends of justice
would be served if they are sentenced to the period already
undergone by them.
10 In view of the above consideration, I do not feel it appropriate to
send back the appellants to jail. Hence, the appellants are sentenced
to the period already undergone by them instead of suffering
rigorous imprisonment for 03-03 year for the offence punishable
under Sections 489 (C) of IPC. However, the fine amount imposed
upon the appellants by the Trial Court shall remain intact.
11 Consequently, the appeal is allowed in part to the extent indicated
above.
12 Appellants are on bail. Their bail bonds shall continue for a further
period of 6 months as per requirement of Section 437-A of the
Cr.P.C.
13 Record of the Court below be sent back along with a copy of this
judgment forthwith for information and necessary action, if any.
Sd/-
(Sanjay Kumar Jaiswal)
JUDGE
Sourabh P.
