Shah Alam v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1902/2019 SHAH ALAM ..... Petitioner Through:

Mr.Kirti Uppal, Sr. Adv. with Mohd.

Amanullah, Mr.B.K. Yadava, Advs.

versus STATE ..... Respondent Through:

Mr.Tarang Srivastava, APP for State.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 24.10.2019 Vide the present application, the petitioner seeks bail in pursuance to FIR No.38/2019 registered at Police Station-Jamia Nagar for the offences punishable under Sections 489B/489C IPC.

Pursuant to order dated 25.09.2019, Investigating Officer (I.O.) had produced the currency notes seized in the present case and also some photo copy of the notes printed from the machinery which was used in the process of manufacturing the fake currency notes, seized from the residence of the accused. The same were kept in two containers with CPS seal. The said containers were opened in the Court on 30.09.2019 and after pursuing them, same were not returned to the IO concerned with seal of the stamp of the Court under the signatures of the Court Master. In Order dated 30.092019, it is recorded that the IO submitted that the FSL report was pending to the effect that the currency notes seized were printed from the machine, which has been seized from Aligarh from the

rented accommodation of the accused.

The samples were sent to FSL and the same were returned vide Objection Form dated 29.09.2019. Due to technical reasons, the IO could not resend the samples to the FSL.

Accordingly, vide order dated 30.09.2019, IO was directed to send the same as required within three days and in-charge, FLS was directed to prepare the report within one week thereafter. IO was further directed to collect the report from the FSL concerned and produce the same on the next date of hearing before this Court. Pursuant to order dated 30.09.2019, the IO of the case has produced the FSL report whereby stated as under:- "It has not been possible to ascertain whether the questioned currency notes mark XI to XIV; Y1 to Y124: Z1 to Z291 and Q1 to Q3 is prepared by using questioned A4 sheets marked A1 to A55." In view of the above, without commenting upon the merits and demerits of the case, I am of the opinion that the petitioner has made his case fit for bail.

Accordingly, he shall be released on bail on his furnishing personal bond in the sum of ₹25,000/- with one surety of the like amount to the satisfaction of the Trial Court.

The Trial Court shall not get influenced by the observation made by this court while granting bail to the applicant/petitioner. Application stands disposed of.

Order dasti under the signatures of the Court Master.

FSL report perused by this Court and returned to the IO, who is present in Court.

SURESH KUMAR KAIT, J OCTOBER 24, 2019 neelam