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Bombay High CourtBA/1221/2022rejected

Ganesh Sudhakar Mule v. The State Of Maharashtra

2023-02-27Hon'Ble Shri Justice N. R. Borkar2 pages

4-BA-1221-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1221 OF 2022 Ganesh Sudhakar Mule ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Shekhar Ingawale for the Applicant.

Mr. P.H. Gaikwad Patil, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 27 FEBRUARY 2023 P.C. :- .

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2.

The applicant came to be arrested in Crime No. 592 of 2021 registered at MIDC Bhosari Police Station, Pune for the offences punishable under Sections 489-A, 489-B, 489-C, 489-D r/w. 34 of Indian Penal Code.

3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

4.

On 28 October 2021, the co-accused in the present crime was found in possession of counterfeit currency notes. During interrogation of the said co-accused, he had revealed the involvement of the present applicant in preparation and circulation of counterfeit currency notes. Kanchan P Dhuri 1 / 2

4-BA-1221-2022.odt During custodial interrogation of the present applicant, the prosecution had recovered 199 counterfeit currency notes of Rs.500 denomination at his instance.

5.

The learned Counsel for the applicant submits that there is no material against the present applicant in relation to Section 489-B of the IPC. It is submitted that at the most the applicant can be said to have committed offence punishable under Section 489-C of the IPC for which maximum punishment is seven years. It is submitted that the applicant is in jail since 1 November 2021. It is submitted that there are no other criminal antecedents.

6.

On the other hand, the learned APP submits that 199 counterfeit currency notes of Rs.500 denomination came to be recovered at the instance of the applicant. It is submitted that considering the huge quantity of counterfeit currency came to be recovered at the instance of the applicant, he may not be released on bail.

7.

The fact that huge quantity of 199 counterfeit currency notes of Rs.500 denomination came to be recovered at the instance of the present applicant prima facie, itself is sufficient to infer that the applicant is involved in circulation of counterfeit currency. I am therefore not inclined to release the applicant on bail. Hence, the following order is passed : (i) Application is rejected.

by KANCHAN PRASHANT DHURI Date:

2023.04.13 19:46:53 +0530 ( N.R. BORKAR, J. ) KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2