Calcutta High Court (Appellete Side)
Poritosh Mandal @ Paritosh Mondal & Anr vs Unknown on 13 December, 2013
Author: Toufique Uddin
Bench: Toufique Uddin
CRA 885 of 2013 13.12.2013
Court No.21 In re CRAN 3693 of 2013: An application for bail under Section 389 (1) Item No. 63 of the Code of Criminal Procedure.
(granted) And In the matter of: Poritosh Mandal @ Paritosh Mondal & Anr.
.....Petitioners Mr. Kallol Mondal, Advocate Mr. Musharraf Alam Sk., Advocate Mr. Krishan Roy, Advocate .... For the Petitioners Mr. Anjan Dutta, Advocate .... For the State This is a case where the present petitioners have been convicted for commission of offence punishable under Sections 489C & 489B of the Indian Penal Code and sentenced to suffer various terms of imprisonment with further direction to pay fine with default clause.
While canvassing the prayer for bail and suspension of execution of sentence, the learned lawyer of the petitioner contended that PW- 4 and PW-7 have turned hostile and there is no semblance of evidence that the petitioners were involved in the process of using such fake currency notes. So, he submits that he may present a very arguable case so far offence under Section 489(b) is concerned.
The learned lawyer of the State resisted the prayer for bail.
I have scrutinized the evidence sheets placed before me by the learned lawyer of the petitioners. Now considering the submissions of both the sides and the materials placed before me, I am of the opinion that the petitioners have been able to make out a prima facie case to go in for appeal to meet success if possible, so far as offence under Section 489(b) is concerned.
sn This being the position, 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 Chief Judicial Magistrate, Malda, on condition that the petitioners shall not commit any other offence while on bail and he shall not leave the jurisdiction of the concerned police station without prior permission of the Court except for attending the court proceedings.
The application being CRAN 3693 of 2013 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)