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Bombay High CourtBA/1536/2022dismissed

Shaikh Husen Shaikh Jilani v. The State Of Maharashtra

2022-11-24Hon'Ble Shri Justice S. G. Mehare3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 BAIL APPLICATION NO.1536 OF 2022 SHAIKH HUSEN SHAIKH JILANI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Chavan Sudhir K. APP for Respondent-State : Mr. A. A. Jagatkar. ...

CORAM : S. G. MEHARE, J.

DATE : 24.11.2022 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant is claiming the bail on the ground that the other co-accused, who has allegedly been supplied the fake currency notes, has been granted bail. The role attributed to the applicant is lesser than the role played by co-accused. The fake currency notes were seized on the spot of the incident. The applicant is a labourer. The other co-accused have used him. Most of the witnesses are police men. There is no possibility of tampering with the prosecution witnesses. There are no antecedents to his discredit. The charge sheet has been filed.

3. Learned APP has strongly opposed the application. He would point out that the applicant was involved in a serious offence affecting the national economy. There appears a big chain of persons involved in the offence. The applicant was apprehended red handed. The applicant was well aware that the currency notes he was using were fake, still he was circulating the fake currency notes. The immediate involvement of the applicant in a similar crime cannot be ruled out. The offence is grave and serious. Hence, it would be harmful for the society to release him on bail. 4.

The applicant was apprehended with fake currency notes. The explanation that he did not know that those notes were fake is unbelievable. Prima faice evidence is there against the applicant that he was involved in circulating the fake currency notes. The offence is serious affecting the national economy. The applicant is a labour. It may be a easy source of income for him. The possibility of his involvement in the similar crime cannot be ruled out. The offence is undoubtedly serious. Considering the gravity of the offence, it is not desirable to release the applicant on bail. 5.

Hence, the application stands dismissed.

6.

Needless to state that the findings recorded in this order are restricted to the present application only. (S. G. MEHARE, J.) ...

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