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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K. PATTANAIK
Lingaraj Behera – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. overview of the case and conviction (Para 1 , 2 , 3 , 4) |
| 2. arguments against conviction and the need for bail (Para 6 , 7 , 8) |
| 3. legal standards for suspension of sentence under section 389 cr.p.c. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. assessment of evidence and procedural issues (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 5. court's order and dismissal of the revision petition (Para 22 , 23 , 24 , 25) |
JUDGMENT :
R.K. PATTANAIK, J.
1. Instant revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Cr.P.C.’) is filed by the petitioner assailing the impugned order dated 2nd September, 2024 passed in connection with Criminal Appeal No. 06 of 2024 as at Annexure-5 by learned Additional Sessions Judge, Titilagarh arising out of S.T. Case No.28/1 of 2023-24, whereby, an application seeking suspension of sentence under Section 389 Cr.P.C. moved by him demanding his release from judicial custody has been disallowed.
2. The facts pleaded on record reveal that the petitioner faced trial in S.T. Case No. 28/1 of 2023-24 and was ultimately convicted under Sections 489 -B and 489-C IPC and directed him to undergo R.I.
The court emphasized that a conviction based on substantial evidence, including procedural compliance, negates claims for bail pending appeal, even under prolonged detention considerations.
Possession of counterfeit currency alone does not warrant conviction under IPC Section 489A; trafficking established through possession leads to conviction under Sections 489B and 489C.
Possession of counterfeit currency requires proof of mens rea; mere possession is insufficient for conviction under relevant IPC sections.
The court emphasized the importance of seeking an explanation from the accused regarding incriminating material during their examination and highlighted the requirement to establish mens rea for the ....
The central legal point established in the judgment is the requirement of 'knowledge or reason to believe' in establishing guilt for the offences under Section 489-B and 489-C of the RPC, emphasizing....
Possession of counterfeit currency notes, along with intent to traffic, constitutes a violation of IPC Sections 489B and 489C, affirming the necessity of mens rea in such cases.
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