Moimul Haque @ Moinul Haque vs The State Of Bihar on 22 January, 2020

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Patna High Court - Orders

Moimul Haque @ Moinul Haque vs The State Of Bihar on 22 January, 2020

Bench: Ashwani Kumar Singh

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2918 of 2018
                     Arising Out of PS. Case No.-586 Year-2015 Thana- FORBESGANJ District- Araria
                 ======================================================
                 Moimul Haque @ Moinul Haque Son of late Suleman Mulla Resident of
                 Village- Mulla Tola, Bir Nagar, P.S. Besnavnagar, District- MaldahU.P.,.

                                                                                    ... ... Appellant
                                                       Versus
                 The State Of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant       :        Mr.Bashishtha Narayan Mishra, Advocate
                 For the Respondent      :        Mr.Sri Binod Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
                                       ORAL ORDER

5   22-01-2020

I. A. No. 02 of 2020 This interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure by the appellant for suspension of sentence and grant of bail.

The appellant has been convicted for the offences punishable under Sections 420, 489B and 489C of the Indian Penal Code. He has been sentenced to undergo rigorous imprisonment for 7 years under Section 420 of the Indian Penal Code, 10 years under Section 489B of the Indian Penal Code and 7 years under Section 489C of the Indian Penal Code.

The prayer for bail of the appellant was rejected earlier by this Court vide order dated 17.09.2018.

It is contended by the learned counsel for the appellant that by now, the appellant has remained in custody for Patna High Court CR. APP (SJ) No.2918 of 2018(5) dt.22-01-2020 2/2 over four years and there is no likelihood of the appeal being taken up for hearing in near future.

Be that as it may, in view of evidence on record which suggests that fake currency notes amounting to Rs.4,98,000/- were recovered from the possession of the appellant, I see no reason to take a different view of the matter. The prayer for bail is rejected once again.

Let hearing of the appeal be expedited.

(Ashwani Kumar Singh, J) kanchan/-

U      T

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Patna High Court - Orders