Pratap Ghosh @ Kalu Ghosh vs State Of Jharkhand
2024 Latest Caselaw 5600 Jhar

Jharkhand High Court

Pratap Ghosh @ Kalu Ghosh vs State Of Jharkhand on 11 June, 2024

Author: Subhash Chand

Bench: Ananda Sen, Subhash Chand

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr. Appeal (D.B.) No. 433 of 2024
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               Pratap Ghosh @ Kalu Ghosh                        ... Appellant(s).
                                           Versus
               State of Jharkhand                                    ... Respondent(s).

               CORAM            :   SRI ANANDA SEN, J.

SRI SUBHASH CHAND, J.

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For the Appellant(s) : M/s. Mahesh Tiwari & Yasir Arafat, Advocate For the State : Ms. Kumar Rashmi, Advocates .........

05/11.06.2024:

I.A. No.5338 of 2024 This interlocutory application has been filed by the appellant, praying therein to suspend the sentence and release him on bail during pendency of this appeal.

2. The appellant has been convicted and sentenced in connection with Sessions Trial No. 4 of 2016, for the offence under Section 489B, 489C, 420 of the IPC. He has been sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.1,00,000/- for offence under Section 489B, of the IPC along with other sentences for other offence.

3. Heard, the learned counsel for the appellant, learned counsel for the informant and learned A.P.P. for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

4. Opportunity was given to the State and the informant to oppose the bail, which both availed and opposed.

5. Counsel for the appellant, Mr. Mahesh Tiwari submits that Section 489B of the IPC is not made out from the prosecution case.

6. Appellant was apprehended with fake currency notes of Rs. 3 lakhs. Exhibit which is the report of the printing press suggest that the notes which were recovered are fake.

7. Considering the recovery from the possession of this appellant which is not denied, we are not inclined to release the appellant on bail.

8. Accordingly, the Interlocutory application stand dismissed.

(ANANDA SEN, J.)

(SUBHASH CHAND, J.)

Anjali/- cp3