BIBEK CHAUDHURI, J. - (1.) It is submitted on behalf of the petitioner that the petitioner suffered sentence in connection with Sessions Trial No.7(1)2019 for the offence under Sections 489B/489C of the Indian Penal Code. The said judgment and order of conviction dated 27th August, 2019 passed by the learned Sessions Judge, 1st Fast Track Court, Kandi, Murshidabad is under challenge in the instant appeal. The accused is in custody. Previously on 15th December, 2020, a Co-ordinate Bench of this Court rejected the prayer for bail of the accused.
(2.) It is submitted by the learned Advocate for the petitioner that though there is no allegation or proof in respect of the charge under Section 489B of the Indian Penal Code, he was convicted and sentenced to suffer rigorous imprisonment of four years. Even assuming that fake currency notes were recovered from the petitioner, though the same have been supported by the independent witnesses, he could have been only punished for committing offence under Section 489C of the Indian Penal Code.
(3.) It is further submitted that the accused is in custody for about 2 years and 10 months. Therefore, it is submitted by the learned Advocate for the petitioner that he should be released on bail.;