1 2025:CGHC:11545 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 793 of 200 7 • Roman Lal Sahu S/o Late Setu Ram Sahu aged about 30 years, Occupation – Agriculture, R/o Dudhawa, Kalmipara, Chowki- Dudhawa, P.S. Narharpur, District – Kanker, C.G. ... Appellant versus • State of Chhattisgarh, Through: P.S. Kanker, District – North Bastar, Kanker, Chhattisgarh. ... Respondent For Appellant : Mr. Shrawan Agrawal, Adv. For Respondent/State : Mr. H.A.P.S. Bhatia, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board 07 / 03 /202 5 1 Pursuant to the order of this Court dated 17.01.2025, the appellant is present in person before this Court. His presence be marked. 2 The present appeal arises out of the impugned judgment of conviction and order of sentence dated 17.07.2007 passed by the learned Sessions Judge , North Bastar Kanker (C.G.), in Sessions Trial No. 149/2006 whereby the learned Sessions Judge has convicted and sentenced the appellant Digitally signed by HEERA LAL SAHU Date: 2025.03.11 17:15:53 +0530 2 as under : Conviction Sentence U/s 489-B of IPC Rigorous imprisonment for 10 years with fine of Rs. 1000/-, in default of payment of fine amount additional R.I. for 3 months. 3 The case of the prosecution, in brief, is that on 20.07.2006 at about 2:00-2:15 pm, complainant Roshanlal (PW-1) was on duty at Danteshwari Petrol Pump, Kanker in the meantime, the appellant came by his vehicle No. M-80 CG- 1—ZE-2001 for filling 3 litres of petrol. He gave two notes of Rs. 100/- to Roshanlal. The complainant doubted the currency notes, therefore, the appellant took back the currency and gave him another 2 original currency notes of Rs. 100/- The complainant deducted Rs. 164 and refunded the rest of the amount of Rs. 36/-. thereafter, the complainant lodged a written report vide Ex.P-1 against the appellant. During the investigation, police seized 10 fake currency notes from the house of the appellant and 5-5 fake currency notes from the co-accused Md. Akil and Suresh Rai. After completion of investigation charge sheet was filed against the accused persons. 4 So as to hold the appellant guilty, the prosecution has examined as many as 9 witnesses and exhibited 16 documents. The statement of the appellant was also recorded under Section 313 of the Cr.P.C. in which he denied the circumstances appearing against him and pleaded innocence and false implication in the case. 5 After hearing the parties, vide impugned judgment of conviction and order of sentence dated 17.07.2007, learned Judge has acquitted co-accused persons namely Suresh 3 Rai & Moh. Akil for the offence punishable under Section 489-B read with Section 34 of IPC. However, the appellant has been convicted and sentenced for the offence as mentioned in para-2 of this judgment. Hence, the present appeal. 6 Learned counsel for the appellant submits that he is not pressing the appeal so far as it relates to the conviction part of the judgment and would confine his argument to the sentence part thereof only. According to him, the incident is said to have taken place in the year 2006, and thereby more than 18 years have rolled by since then. At present, the appellant is aged about 48 years and he has already remained in jail for about 1 years, 1 month and 4 days, and no useful purpose would be served in again sending him to jail, therefore, in the interest of justice, it would be appropriate if the sentence imposed upon him may be reduced to the period already undergone by him. 7 Per contra, learned counsel appearing for the State, supporting the impugned judgment, opposed the arguments advanced on behalf of the counsel for appellant. 8 Heard learned counsel for the parties and perused the material available on record including the impugned judgment. 9 Having gone through the material available on record and the evidence of the witnesses Roshanlal Patel (PW-1), P.C. Shrivastava (PW-5) and Kishore Kerketta (PW-9), establish the involvement of the appellant in the crime in question. This Court does not see any illegality in the findings recorded by the Trial Court as regards conviction of the appellant for the offence punishable under Section 489-B of IPC. 10 As regards sentence, keeping in view the facts that the 4 incident had taken place in the 2006 about 18 years ago and further considering the facts and circumstances of the case and also considering that the appellant has no criminal antecedent and the appellant has already remained in jail for about 1 year, 1 month and 4 days, this court is of the opinion that the ends of justice would be served if he is sentenced to the period already undergone by him. 11 In view of the above consideration, I do not feel it appropriate to send back the appellant to jail. Hence, appellant is sentenced to the period already undergone by him instead of suffering rigorous imprisonment for 10 years for the offence punishable under Section 489-B of IPC. However, the fine imposed upon the appellant by the Trial Court shall remain intact. 12 Consequently, the appeal is allowed in part to the extent indicated hereinabove. 13 Appellant is on bail. His bail bonds shall continue for a further period of 6 months as per requirement of Section 437-A of the Cr.P.C. 14 Record of the trial Court be sent along with a copy of this judgment forthwith for information and necessary action, if any. Sd/- (Sanjay Kumar Jaiswal) JUDGE H.L. Sahu