Calcutta High Court (Appellete Side)
Aktar Hossain @ Akhtar Hossain @ ... vs Unknown on 24 February, 2014
Author: Toufique Uddin
Bench: Toufique Uddin
CRA 89 of 2014 24.02.2014
Court No.29 In re CRAN 861 of 2014: An application for bail under Section 389 of the Item No. 91 Code of Criminal Procedure.
(granted) And In the matter of: Aktar Hossain @ Akhtar Hossain @ Pardeshi @ Pardesi @ Pardeashi & Anr.
.....Petitioners Mr. Deep Chaim Kabir, Advocate .... For the Petitioners Mr. Anand Keshri, Advocate .... For the State This is a case where the present petitioners each have been convicted for commission of offence punishable under Section 489C of the Indian Penal Code and sentenced to suffer rigorous imprisonment for six years with further direction to pay fine with default clause.
While canvassing the prayer for suspension of execution of sentence and release of the petitioners on bail, the learned lawyer of the petitioners submit that only seven counterfeit currency notes were recovered from petitioner no. 1 and eight from petitioner no. 2, each of denomination of Rs.1000.
The learned lawyer of the State resisted the prayer for bail.
Having heard the learned lawyer of both sides and considering the scope of Section 389(3)(ii) of the Code of Criminal Procedure, I release the present petitioners on bail by keeping the execution of their sentence suspended, to the extent of Rs.10,000/- each, with two sureties of Rs.5,000/- each, one of whom must be local, to the satisfaction of learned Additional Chief Judicial Magistrate, Kalyani, Nadia on condition that the petitioners shall not commit any other offence while on bail and they shall not leave the jurisdiction of the concerned police station without prior permission of the Court except for attending the court proceedings. sn The application being CRAN 861 of 2014 accordingly stands disposed of.
Urgent Xerox Certified copy of this order, be given to the parties, if applied for, upon compliance of necessary formalities.
(Toufique Uddin, J)