Patna High Court - Orders
Pravin Sah vs The State Of Bihar on 29 February, 2024
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad, Shailendra Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.321 of 2022
Arising Out of PS. Case No.-302 Year-2018 Thana- BIHPUR District- Bhagalpur
======================================================
PRAVIN SAH Son of Sudhir Sah Resident of village - Balaha, P.S. - Bihpur
(Bhawanipur), District - Bhagalpur.
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant/s : Mr. Yogesh Chandra Verma, Sr. Advocate
Mrs. Priyanka Singh, Advocate
For the Respondent/s : Mrs. Shashibala Verma, Addl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
7 29-02-2024Heard Mr. Yogesh Chandra Verma, learned Senior counsel assisted by Mrs. Priyanka Singh, learned counsel for the appellant and Mrs. Shashibala Verma, learned Additional PP for the State.
2. Records have been placed before this Court to consider the prayer of the appellant to suspend the sentence and release on bail during pendency of the appeal.
3. An opportunity to show-cause was given to the State. Accordingly a written objection has been filed.
4. The appellant has been convicted and sentenced vide order dated 29.11.2021 and 02.12.2021 respectively passed by learned 1st Additional District and Sessions Judge, Patna High Court CR. APP (DB) No.321 of 2022(7) dt.29-02-2024 2/5 Naugachhia, Bhagalpur in Sessions Trial No. 375 of 2019, Trial No. 13 of 2021 arising out of Bihpur (Bhawanipur) P.S. Case No. 302 of 2018. By the impugned judgment the appellant has been sentenced to undergo rigorous imprisonment for five years with a fine of Rs. 10,000/- under Section 489C Indian Penal Code (in short 'IPC') and in default of payment of fine to undergo simple imprisonment for six months. The appellant has been further ordered to undergo rigorous imprisonment for life under Section 489D IPC with a fine of Rs. 20,000/- and in default of payment of fine, he has to undergo simple imprisonment for one year. The appellant has also been sentenced under Section 25(1-B)a of the Arms Act to undergo three years rigorous imprisonment with a fine of Rs. 5,000/- and in default of payment of fine to suffer simple imprisonment for three months.
5. As per the prosecution story, the informant recorded his self statement on 26.07.2018 stating that he got secret information that in the Balha village this appellant along with his two brothers Mangal Sah and Anmol Sah were indulged in printing counterfeit currency notes at their home and using the same in the market, on which information a raid was conducted and from the house of this appellant the counterfeit Patna High Court CR. APP (DB) No.321 of 2022(7) dt.29-02-2024 3/5 Indian currency of hundred rupees, one printer machine and royal executive bond papers in packed bundles and some used papers were recovered. On seeing the Police party the appellant and his two brothers fled away.
6. Learned counsel for the appellant submits that from the prosecution case it would appear that in the ferdbeyan of the informant, who is a Police officer, it is stated that he had information that all the three brothers were engaged in printing of counterfeit Indian currencies and they were printing counterfeit notes in their house. Learned counsel submits that according to the informant (PW-1), when he along with raiding party reached at the house of the accused persons, the Chowkidar Jerbany Paswan identified the three persons namely Pravin, Mangal and Anmol Sah fleeing away from their house. It is submitted that the Chowkidar Gerbany Paswan has not been examined in this case and so far as the other prosecution witnesses are concerned, they have not identified the appellant.
7. Learned Senior counsel further submits that the counterfeit Indian currency of hundred rupees, one printer machine and royal executive bond papers in packed bundles and some used papers were seized by Police. The seizure list witnesses have, however not supported the prosecution case Patna High Court CR. APP (DB) No.321 of 2022(7) dt.29-02-2024 4/5 inasmuch as it would appear that Ram Vilash Yadav (PW-6) has stated that the seizure list was not prepared in his presence and Barababu had taken his signature on a blank paper when he was coming from bahiyar. Another seizure list witness namely Subhash Yadav (PW-7) has also denied the making of seizure list in his presence.
8. Learned Senior counsel submits that the prosecution could not bring any evidence to show that the room from where seizures were made was an exclusive possession of this appellant. It is submitted that the appellant is in custody since 27.07.2018 and this appeal being of the year 2022 is not likely to be heard in near future.
9. Mrs. Shashibala Verma, learned Additional PP for the State has opposed the prayer. It is submitted that this appellant had fled away on seeing the Police party and the recovery was made from his house.
10. Having regard to the submissions noted hereinabove, particularly that the Chowkidar, who is said to have identified the appellant fleeing away, has not been examined and the seizure list witnesses have stated that the seizures were not made in their presence and further that the appellant has remained in custody since 27.07.2018 but this Patna High Court CR. APP (DB) No.321 of 2022(7) dt.29-02-2024 5/5 appeal is not likely to be heard in near future, keeping in view the judgments of the Hon'ble Supreme Court in the case of Kashmira Singh versus State of Punjab reported in (1977) 4 SCC 291 and in the case of Saudan Singh versus the State of Uttar Pradesh [Special Leave to Appeal (Crl.) No. 4633 of 2021] reported in 2022 SCC OnLine SC 697 Satender Kumar Antil versus Central Bureau of Investigation and Another reported in (2022) 10 SCC 51, this Court directs suspension of sentence and release of the appellant on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-I, Naugachhhia, Bhagalpur in connection with Sessions Trial No. 375 of 2019, Trial No. 13 of 2021 arising out of Bihpur (Bhawanipur) P.S. Case No. 302 of 2018.
11. The fine imposed as part of the sentence shall remain suspended during pendency of the appeal.
12. List this appeal for hearing on its turn.
(Rajeev Ranjan Prasad, J) (Shailendra Singh, J) Rishi/BKS-
U T