IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1517 OF 2021 HAIDER ALI KHAN @ BAPAN APPELLANT(S) VERSUS THE STATE OF WEST BENGAL RESPONDENT(S) O R D E R 1. The learned counsel appearing for the appellant, Haider Ali Khan @ Bapan, states that the Court may consider reducing the sentence awarded under Section 489B of the Indian Penal Code. 1 2. The appellant, Haider Ali Khan @ Bapan, was convicted for offences punishable under Sections 489A and 489B of the Code. However, the High Court reduced the sentence awarded under Section 489A to the period already undergone and a fine of 5,000/-, in₹ default of which he was to suffer simple imprisonment for one year. As far as his sentence under Section 489B of the Code is concerned, the High Court maintained the sentence of rigorous imprisonment for ten years. 3. The offence in question relates to the year 2010. The appellant was found using counterfeit currency - 3 notes of Rs. 100/- and on search, certain other currency, viz., 1 counterfeit note of 500/-, 5 counterfeit notes of Rs. 100, 12 counterfeit₹ notes of Rs. 100 bearing the same Sl. No., and 2 counterfeit notes of Rs. 100, bearing the same Sl. No. were found. 1 For short, “the Code.” 1
4. It is accepted and admitted at the Bar that there is no other case pending against the appellant, Haider Ali Khan @ Bapan. 5. Vide order dated 26.11.2021, the appellant Haider Ali Khan @ Bapan, was released on bail. The appellant Haider Ali Khan @ Bapan has suffered incarceration of over five years. 6. In view of the aforesaid facts, we are inclined to reduce the sentence awarded under Section 489B of the Code to the period already undergone. However, the appellant, Haider Ali Khan @ Bapan, shall pay a fine of 10,000/- within a period of four weeks from₹ the date of this order, failing which he shall undergo default simple imprisonment for a period of two months. 7. The appeal is partly allowed and disposed of in the aforesaid terms. Pending applications, if any, shall stand disposed of. .................CJI. (SANJIV KHANNA) ..................J. (SANJAY KUMAR) ...................J. (K.V. VISWANATHAN) NEW DELHI; JANUARY 23,2025 2
ITEM NO.104 COURT NO.1 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No. 1517/2021 HAIDER ALI KHAN @ BAPAN Appellant(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) (IA No. 112985/2021 - EXEMPTION FROM FILING AFFIDAVIT) Date : 23-01-2025 This matter was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJAY KUMAR HON'BLE MR. JUSTICE K.V. VISWANATHAN For Appellant(s) : Mr. Maninder Singh, Sr. Adv. Mr. Nishant Singh, AOR Mr. Vaibhav Prakash, Adv. Mr. Shahzeb Ahmed, Adv. For Respondent(s) :Ms. Anju Thomas, Adv. Ms. Astha Sharma, AOR Ms. Pratibha Yadav, Adv. M/S. PLR Chambers and Co., AOR UPON hearing the counsel the Court made the following O R D E R 1 The appeal is partly allowed and disposed of in terms of signed order. 2 Pending application(s), if any, shall stand disposed of. (RAJNI MUKHI) (R.S. NARAYANAN) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed order is placed on the file) 3
ITEM NO.24 REGISTRAR COURT. 2 THROUGH VIDEO CONFERENCE SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. VINOD SINGH RAWAT Criminal Appeal No(s). 1517/2021 HAIDER ALI KHAN @ BAPAN Appellant(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) Date : 15-02-2022 This appeal was called on for hearing today. For Appellant(s) Mr. Harisha S.r., AOR For Respondent(s) M/S. Plr Chambers And Co., AOR Mr. Nikhil Parikshith, Adv. Mr. Vishal Prasad, Adv. Mr. Abhishek Manchanda,Adv. Mr. Sayandeep Pahari, Adv. UPON hearing the counsel through Video Conference, the Court made the following O R D E R Counter affidavit has already been filed on behalf of the sole respondent. Records received. Four weeks time is granted to Ld. Counsel for both the parties to file the additional documents. After the expiry of four weeks, matter shall be processed for listing before the Hon’ble Court as per the rules. VINOD SINGH RAWAT Registrar
1 ITEM NO.26 Court 6 (Video Conferencing) SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 2791/2021 (Arising out of impugned final judgment and order dated 29-11-2019 in CRA No. 726/2016 passed by the High Court At Calcutta) HAIDER ALI KHAN @ BAPAN Petitioner(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) IA NO.56191 AND 112985/2021 APPLICATIONS FOR SUSPENSION OF SENTENCE OF THE PETITIONER AND GRANT OF BAIL, EXEMPTION FROM FILING NOTARIZED AFFIDAVIT Date : 26-11-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Sumant De, Adv. Mr. Aranya Moulick, Adv. Mr. Vaibhav Prakash, Adv. Ms. S. Anuradha Bhat, Adv. Mr. Harisha S.R., AOR For Respondent(s) Mr. Nikhil Parikshith, Adv. Mr. Suhaan Mukerji, Adv. Mr. Vishal Prasad, Adv. Mr. Abhishek Manchanda, Adv. Mr. Sayandeep Pahari, Adv. M/S. Plr Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. On hearing learned counsel for parties on the aspect of bail and considering that the petitioner is stated to have served over five years of sentence, we grant bail to the petitioner on terms and conditions to
2 the satisfaction of the trial Court. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
ITEM NO.27 Court 6 (Video Conferencing) SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 2791/2021 (Arising out of impugned final judgment and order dated 29-11-2019 in CRA No. 726/2016 passed by the High Court At Calcutta) HAIDER ALI KHAN @ BAPAN Petitioner(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) Date : 09-09-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Sumant De, Adv. Mr. Aranya Moulick, Adv. Mr. Vaibhav Prakash, Adv. Mr. Harisha S.R., AOR For Respondent(s) Mr. Suhaan Mukerji, Adv. Mr. Vishal Prasad, Adv. Mr. Nikhil Parikshith, Adv. Mr. Abhishek Manchanda, Adv. M/S. PLR Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioner has prayed for two weeks’ time to file rejoinder as the counter affidavit has been filed two days ago. Two weeks’ time is granted to do the needful. List after three weeks. (RASHMI DHYANI) (POONAM VAID) COURT MASTER COURT MASTER
1 ITEM NO.25 Court 7 (Video Conferencing) SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 2791/2021 (Arising out of impugned final judgment and order dated 29-11-2019 in CRA No. 726/2016 passed by the High Court At Calcutta) HAIDER ALI KHAN @ BAPAN Petitioner(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) Date : 26-07-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Mr. Sumant De, Adv. Mr. Aranya Moulick, Adv. Mr. Vaibhav Prakash, Adv. Mr. Harisha S.R., AOR For Respondent(s) Mr. Suhaan Mukerji, Adv. Mr. Vishal Prasad, Adv. Mr. Nikhil Parikshith, Adv. Mr. Abhishek Manchanda, Adv. Mr. Sayandeep Pahari, Adv. For M/S. PLR Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R Learned counsel for the State has entered appearance and has prayed and is granted three weeks’ time to file counter affidavit, more so, in the conspectus of our observations in order dated 23.03.2021. Rejoinder if any, be filed within two weeks
2 thereafter. List after six weeks. [CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
1 ITEM NO.8 Court 8 (Video Conferencing) SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 1027/2021 (Arising out of impugned final judgment and order dated 29-11-2019 in CRA No. 726/2016 passed by the High Court At Calcutta) HAIDER ALI KHAN @ BAPAN Petitioner(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) (FOR ADMISSION IA No. 9849/2021 - CONDONATION OF DELAY IN FILING IA No. 9850/2021 - EXEMPTION FROM FILING O.T. IA No. 33470/2021 - EXEMPTION FROM FILING O.T. IA No. 31726/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 23-03-2021 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE R. SUBHASH REDDY For Petitioner(s) Mr. Sumant De, Sr. Adv. Mr. Aranya Moulick, Adv. Mr. Vaibhav Prakash, Adv. Mr. Harisha S.R., AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Applications for exemption from filing O.T. and permission to file additional documents/ facts/annexures are allowed. Delay condoned.
2 Learned counsel for the petitioner has drawn our attention to page 86 to contend that P.W. 5, who came from the Reserve Bank has acknowledged in his cross examination that his deposition is based on his earlier report and the counterfeit notes have not been produced in Court. He submits that it was thus failure to discharge the burden by the prosecution by reference to judgments of this Court in the case of Jitendra & Anr. vs. State of Madhya Pradesh (2004 (10) SCC 562 and Vijay Jain vs. State of Madhya Pradesh (2013) 14 SCC 527, on account of failure to produce the counterfeit notes (drugs in those cases). He further submits that other than the deposition of P.W. 5 and the IO, P.W. 8 all other witnesses have turned hostile. Issue notice returnable in four weeks. A copy of the order to accompany notice. [CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
ITEM NO.18 Court 13 (Video Conferencing) SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No.1027/2021 HAIDER ALI KHAN @ BAPAN Petitioner(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) (IA No.9849/2021-CONDONATION OF DELAY IN FILING and IA No.9850/2021-EXEMPTION FROM FILING O.T. and IA No.9851/2021- EXEMPTION FROM SURRENDERING WITHIN TIME ) Date : 29-01-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN [IN CHAMBERS] For Petitioner(s) Ms. Aranya Moulick, Adv. Mr. Vaibhav Prakash Adv Mr. Harisha S.R., AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Application for exemption from surrendering is rejected. However, petitioner is granted four weeks’ time to surrender and to file proof thereof. (RACHNA) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT COURT MASTER