This single judge order grants bail to the applicant charged with possessing counterfeit currency notes where the court found a lack of evidence connecting him to the principal offenders.
Applicant directed to be released on bail in sum of Rs.25,000/- with one or two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 42-BA No.576-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.576 OF 2019
Nilesh Vijay Bansode ] … Applicant
Versus
The State of Maharashtra ] … Respondent
Mr. Vaibhav Ugle, Advocate for the Applicant. Ms. S.S. Kaushik, APP for the State/Respondent.
CORAM :- SARANG V. KOTWAL, J. DATE :- 20 JUNE, 2019.
P. C. :-
u/sec.420, 489 - C, 489 - B r/w 34 of I.P.C.
Purti Parab
1 of 4
2 42-BA No.576-19.doc
Therefore, he approached the police and informed about the same. The police officers went to his handcart. At that time, they saw two persons waiting for purchasing fruits. At that time, police officers confronted them with the concerned counterfeit note. They could not explain properly. Therefore, these two persons were searched at the spot. One of them was the present applicant. He was found possessing three notes of Rs.500/- denomination. The other person was having two such notes and one note was taken in charge from the fruit vendor Jadhav. It was found that these notes were counterfeit notes and so the offence was registered. The applicant was arrested on the same day and since then he is in custody. The investigation is over and charge-sheet is already filed. From the charge-sheet it appears that, the main accused were Darasingh and Santosh Jaybhay. They were the persons who were actually printing these counterfeit notes and were circulating them in the market. The allegations against the present applicant does not travel beyond the allegations of possessing three counterfeit notes and trying to use one.
3 42-BA No.576-19.doc
Purti Parab
3 of 4
4 42-BA No.576-19.doc
no material against the present applicant. Ld. APP also could not point out any material to show any connection between the present applicant and the main accused. The entire investigation was directed against Darasingh and Santosh Jaybhay from whom more counterfeit notes were recovered. Apart from the notes, even the articles used for printing notes is also recovered. However, there is hardly any material against the present applicant. The applicant is a student. He is 26 years of age. He is already in custody since September 2018. His further custody for investigation purpose is not necessary. In this view of the matter, I am inclined to grant bail to the present applicant. Hence, the following order.
ORDER
(SARANG V. KOTWAL, J.)
Purti Parab
4 of 4
1 issue framed by the court
Whether bail should be granted to the applicant accused of possessing counterfeit notes when the evidence against him is minimal and lacks connection to the main accused.
Nilesh Vijay Bansode
The State of Maharashtra
SARANG V. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
