Andhra Pradesh High Court - Amravati
Firoz Saikh Firoj Seikh Saddam, vs State Of Andhra Pradesh on 19 June, 2025
HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI MAIN CASE No: Crl.A.No.300 of 2023 PROCEEDING SHEET Sl. OFFICE DATE ORDER NOTE No
5. 19.06.2025 KSR,J & VS,J (per Hon'ble Sri Justice K.Suresh Reddy) I.A.No.2 of 2025 The present application is filed by the petitioners/appellants/A.3 & A.4 under Section 430(1) Bharatiya Nagirk Suraksha Sanhita, 2023, seeking their release on bail by suspending the sentence of imprisonment imposed by the learned III Additional District and Sessions Judge - cum - Special Judge for NIA Cases, Visakhapatnam, vide Sessions Case Nos.13 AND 10 of 2023, dated 21.03.2025, pending the present Criminal Appeal before this Court.
2. Learned counsel for the petitioners/A.3 & A.4 contends that the 1st petitioner/A.3 was convicted under Section 489-B IPC and was sentenced to suffer R.I. for a period of seven years and also to pay fine of Rs.10,000/-, in default, to suffer simple imprisonment for 2 ½ years. So far as the 2nd petitioner/A.4 is concerned, he was convicted under Section 489-B IPC and was sentenced to suffer R.I. for a period of seven years and also to pay fine of Rs.10,000/-, in default, to suffer simple imprisonment for 2 ½ years. The 2nd petitioner/A.4 was further convicted under Section 120-B IPC and sentenced to suffer R.I. for a period of seven years and also to pay fine of Rs.5,000/-, in default, to suffer simple imprisonment for 2 years. The 2nd petitioner/A.4 was also further convicted under Section 201 Contd., 2 Crl.A.No.300 of 2025 IPC and was sentenced to suffer R.I. for a period of two years and also to pay fine of Rs.3,000/-, in default, to suffer simple imprisonment for six months. The 2nd petitioner/A.4 was further convicted under Section 204 IPC and was sentenced to suffer R.I. for a period of two years and also to pay fine of Rs.2,000/-, in default, to suffer simple imprisonment for six months.
3. Learned counsel for the petitioners further contends that the 1st petitioner/A.3 has already undergone six (06) months of imprisonment. So far as the 2nd petitioner/A.4 is concerned, he has already undergone more than 3 ½ years of imprisonment. Learned counsel for the petitioners further contends that during pendency of the trial, both the petitioners were on bail and after conviction only they were sent to Jail. He further contends that during pendency of the trial, both the petitioners have not involved in any other similar crimes. As such, he requests this Court to enlarge the petitioners on bail.
4. On the other hand, Sri P.Punna Rao, the learned Deputy Solicitor General of India filed the counter. Paragraph No.7 of the counter reads as follows:-
"7. During the course of further investigation, it was revealed that Tajamul Saikh @ Bhoot (A.4) is a habitual offender involved in the trafficking of Fake Indian Currency Notes (FICN). There are previous criminal cases registered against him, namely : (1) FIR No.457/2011, dated 21.11.2011, under Sections 120-B, 489-B and 489-C IPC, registered at New Market/STF Police Station, Kolkata, West Contd., 3 Crl.A.No.300 of 2025 Bengal; and (2) FIR No.03/CL/IMP/FICN/DRI/GAU/2015-16, dated 16.09.2015, registered by the Directorate of Revenue Intelligence (DRI), Guwahati Regional Unit. Furthermore, the said accused is a permanent resident of West Bengal, which shares an international border with Bangladesh. Owing to his proximity to the border and his criminal background, there exists a substantial risk of the accused absconding and fleeing the countery. Should this occur, it would be extremely difficult to secure his presence before the Court and undergoing sentence."
5. This Court perused the entire material on record.
6. As the petitioners were released on bail during pendency of the trial and as the sentence imposed against the petitioners is only seven years, we are inclined to enlarge them on bail by suspending the sentence of imprisonment alone imposed by the learned Sessions Judge pending the present Criminal Appeal.
7. The petitioners/appellants/A.3 & A.4 are, therefore, directed to be released on bail on their executing a personal bond for Rs.50,000/- (Rupees Fifty Thousand only) each with two (02) sureties for a like sum each to the satisfaction of the learned III Additional District Judge - cum - Special Judge for SPE & ACB Cases, Visakhapatnam.
Contd., 4 Crl.A.No.300 of 2025
8. Further, as there are other cases are pending against the petitioners, the petitioners/appellants/A.3 & A.4 are directed not to leave the country and further directed to report before the Station House Officer, New Market/STF Police Station, Kolkatta, West Bengal State, once in a month i.e., 1st day of every succeeding month between 10.00 A.M. and 1.00 P.M. The petitioners/appellants/A.3 & A.4 are also directed to appear before this Court whenever the case stands posted for hearing.
9. Accordingly, with the above directions, this application is allowed.
__________________ K.SURESH REDDY,J ____________ V.SUJATHA,J SAB / TSNR