Allowed

Hari Sakharam Lingnurkar (Kulkarni) v. the State of Maharashtra

Bombay HC16 Jun 2014BA/862/2014

Case brief

AI extract

What is this about?

In a criminal bail application challenging arrest in a case involving possession of counterfeit currency notes, the High Court allowed bail subject to reporting conditions and security payment for one week.

What did the court decide?

The applicant was released on bail in the sum of Rs. 25,000/- with one surety in the like amount or two sureties in the sum of Rs. 12,500/- each, subject to reporting conditions.

Hari Sakharam Lingnurkar (Kulkarni) Vs the State of… — Cheque Dishonour | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO. 862 OF 2014

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Hari Sakharam Lingnurkar (Kulkarni) … Applicant. (presently at District Prison, Kolhapur)

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V/s.

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The State of Maharashtra … Respondent.

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Mr. Amit M. Shete, for the Applicant. Mr. Y. S. Shinde, APP for the State.

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Mr. Shamrao V. Desai, Head Constable, Kagal Police Station, is present.

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CORAM : A. M. THIPSAY, J. DATE : 16 JUNE, 2014

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P.C. :

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1 Heard the learned counsel for the Applicant and the learned Additional Public Prosecutor for the State. With their assistance, I have gone through the bail Application and the annexures thereto.

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2 The learned APP has shown to me the report submitted by the Investigating Officer to the Public Prosecutor. I have also gone through the papers of investigation.

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3 The Applicant is one of the accused in CR No. 47 of 2014, registered with Kagal Police Station. The allegations against him and the other accused are in respect of the offences punishable under

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sections 489 (B) and 489 (C) of the IPC. The case of the investigating agency is that one Sagar Mugale was found to be possessing a counterfeit note of Rs. 100/- denomination. This currency note was allegedly given by the said Sagar to the first informant - Bashir G. Mulla, who suspected the note to be counterfeit; and therefore, apprehended the said Sagar and took him to the police station. Sagar is alleged to have made a statement before the Police, pursuant to which the Police went to the locality known as Amba Bhavan, where three persons - including the Applicant - were present. Two currency notes are said to have been recovered from the Applicant during his personal search and these notes were also found to be counterfeit.

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4 The Applicant is in custody since 05.04.2014. There are no antecedents. How the co-accused - Sagar - knew that all the other persons would be available at a particular place, is not made clear by the investigating agency.

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5 Considering all the relevant aspects of the matter, I am inclined to to release the Applicant on bail subject to certain conditions.

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6 The Bail Application is allowed.

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7 The Applicant is ordered to be released on bail in the sum of Rs. 25,000/- with one surety in the like amount, or two sureties in the sum of Rs. 12,500/- each, on the condition that the Applicant

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shall report to the Kagal Police Station every day between 5 p.m. to 8 p.m. for a period of one week from the date of his release and thereafter as and when required by the Investigating Officer.

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Hari Sakharam Lingnurkar (Kulkarni) v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Hari Sakharam Lingnurkar (Kulkarni) v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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