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Bombay High CourtBA/1383/2021rejected

Saravanan Govind Waniya v. The State Of Maharashtra

2022-07-11Hon'Ble Smt. Justice Bharati Dangre3 pages

1/3 325 1383.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1383 OF 2021 Saravanan Govind Waniya ..

Applicant

Versus

The State of Maharashtra ..

Respondent Mr.C.J. Joreson i/b Akshada Pasi for the applicant. Mr. S.V. Gavand, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 11th JULY, 2022 P.C:- The applicant is charged of section 489-A, 489-B and 489C read with 34 of IPC for CR No. 66 of 2020, along with one Bhaskar Natar. It is submitted that the other co-accused has been released on bail. The applicant came to be arrested on 9/03/2020 and seek his release on bail.

Heard the counsel for the applicant and the learned APP. Perused the charge-sheet.

On perusal of the charge-sheet it is revealed that secret information being received to the effect that a person is likely to arrive on the spot with counterfeit currency, a trap was led. The team was led to the accused no.1 and from him a currency of Rs. 2000, 500, 200 bearing the same serial number was seized, and it was noticed that the said currency is counterfeit. The total

2/3 325 1383.21.doc amount of the currency was of Rs. 1,28,600/-. On investigation, on remand of the accused no. 1, the applicant no. 2 was called for interrogation and he surrendered before the police the colour printer, paper cutter, royal executive bond papers and certain other miscellaneous items. He also surrendered 1516 counterfeit notes of 500 denomination and Rs. 200 notes with the approximate sum of Rs. 7,32,500/-.

The applicant face a charge under section 489-A of counterfeiting the currency notes as well as the charge of using the counterfeit as genuine and he was found in possession of the forged/counterfeit notes, being conscious of the fact that the said notes are counterfeit.

The offence with which the applicant is charged is a serious one, and has the effect of impacting the economy of the country.

Considering the accusations, and its seriousness he do not deserve his release on bail.

As far as the accused no.1 is concerned he has been released on bail by the Sessions Judge, City Civil and Sessions Court, for Greater Bombay on 22/7/2020 and it can be seen that the said order is perfunctorily passed by recording that the allegations against the applicant is that he went into the shop for the purchase of certain material but he has no knowledge of the counterfeit currency. The accusations faced by the said applicant in the charge-sheet are different from what have been alleged

3/3 325 1383.21.doc against the present applicant.

In the wake of the above, ultimately, it is for the prosecution to seek cancellation of the bail. However the present applicant cannot be extended the benefit of the said order. The application is rejected.

( SMT. BHARATI DANGRE, J.)