Reshma Rajesh Bharti @ Yasmin Rajesh Bharti v. The State Of Maharashtra

1 /3 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1656 OF 2015 Reshma Rjesh Bharti.

..Applicant.

vs.

The State of Mahrashtra.

..Respondent.

Mr. Vijaykumar C. Singh for the Applicant.

Ms.S.S.Kaushik, APP. for the State.

PSI Shri.V.K.Karanjule Crime Branch present. CORAM :

A.S.GADKARI, J.

DATE :

4th December 2015 P.C.

The applicant is seeking bail in CR No.63 of 2015 registered with Ramnagar Police Station, Dombivli under section 489(B) of the I.P.C.

2) The FIR lodged by the complainant dated 15/3/2015 states that, the complainant was doing the business of selling ladies garments. That, on 12.3.2015 at 7.00p.m one woman came to his shop and purchased certain clothes and gave a currency note of Rs.1000/-.The complainant returned Rs.850/- to the said lady. On the next day, he went to the bank for depositing the said note and the same was found to be fake and duplicate currency note. The cashier of the bank returned the said note by putting an endorsement as "forged note". That, on 15.3.2015 again the said woman came to the shop of the complainant. She again purchased few clothes and tendered currency note of Rs.1000/-. As the complainant was not

2 /3 having change to return the balance amount he went to the adjoining shop and verified the currency note given by the said woman. He found that the earlier and present currency notes are of the same serial number and with same texture. He immediately gave a call to the police and the police along with the lady constable came on the spot. The search of the applicant was initially taken on the spot when she was found in possession of nine other fake currency notes of Rs.1000/- denomination. The applicant was thereafter taken to the police station. The FIR was lodged and investigation was carried out thereon. After completion of investigation the charge sheet has now been filed.

2) Learned counsel for the applicant submitted that even though the applicant was accosted by the traders and police in the morning and she was found in possession of nine currency notes of Rs.1000/- denomination, the seizure panchanama of the said notes was recorded at about 5.40p.m. He submitted that therefore, there is every possibility that the applicant might have been falsely implicated in the case.

3) Learned APP on the other hand pointed out that the currency note which was tendered by the applicant to the complainant was separately seized by the police by effecting seizure panchanama which is at Page 44 of the present compilation. It is revealed during the course of investigation that all the currency notes were fake and bogus. The charge sheet discloses that there are two

3 /3 other accused persons who provided the said currency notes to the applicant and the said two accused persons mentioned in the FIR are still absconding. The instances of circulation of fake currency notes in the economy of India is on rise with a view to disturb the economy of our country. It may be the part of the wider conspiracy. Unless and until the other co-accused persons are arrested by the police, it cannot be said that the applicant was not having any knowledge of the fact that the currency notes which were in her possession were not genuine. In view of the above and in view of the fact that the offence is very serious in nature, the applicant does not deserve to be released on bail. The application is therefore, dismissed. (A.S. GADKARI, J.)