Allowed

Sanjay Shah v. State of Rajasthan

Rajasthan HC5 Jul 2024CRLMB/1850/2024

Case brief

AI extract

What is this about?

The High Court allowed the bail application of the petitioner in a case involving offences related to fake currency and forgery. The court noted that the charge-sheet had been filed, co-accused had been granted bail, and the trial would take time. Bail was granted on personal bond and sureties.

What did the court decide?

Bail granted on furnishing personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.

Sanjay Shah Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JD:27254]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 1850/2024

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Sanjay Shah S/o Shri Padamchand Shah, Aged About 45 Years, R/o Bhinaya District Ajmer At Present Flat No 204 Jerita Building Arihant Adita Gangana Road Jodhpur (Raj) (At Present Lodged In Central Jail Jodhpur)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Bhagat Dadhich For Respondent(s) : Mr. S. K. Bhati, PP

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JUSTICE DINESH MEHTA

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Order

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05/07/2024

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This application for bail has been filed by the applicant under section 439 of the Cr.P.C. in connection with FIR No.353/2023, registered at Police Station Sardarpura, District Jodhpur for the offence under Section 489-A, 489-B, 489-C, 489-D, 489-E, 420, 467, 468, 471 and 120-B of IPC.

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Learned counsel for the applicant submitted that all the coaccused have been enlarged on bail from whom recovery of printing material, papers and inks etc. were found. He further submitted that bail application of Mahendra has also been allowed by this Court vide order dated 27.05.2024 passed in SB Criminal Misc. Bail Application No.2191/2024 and the case of applicant stands on exactly identical footing to that of Mahendra.

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Learned Public Prosecutor vehemently opposed the bail application while contending that maybe on the aspect of

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recovery, the case of applicant is para-materia to that of Mahendra but he was the kingpin, at whose instance spurious currency notes were prepared. Hence, he submitted that having regard to the fact that huge quantity of fake currency notes were recovered and that there is evidence showing the involvement of applicant, no indulgence be granted.

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Heard learned counsel for the parties and perused the material available on record.

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While allowing the bail application of co-accused Mahendra (supra), this Court has observed thus :-

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Learned counsel for the applicant submitted that applicant’s first bail application being S.B. Criminal Miscellaneous Bail Application No.207/2024 was dismissed by this Court as withdrawn vide order dated 23.01.2024, while giving liberty to the applicant to file a fresh bail application, once the charge-sheet is filed.

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Mr. Menaria, learned counsel for the applicant at the outset informed that charge-sheet has been filed and argued that there is no specific allegation of creation of currency notes against the applicant. The incriminating evidence against the present applicant is that principle accused-Sanjay Shah had sent a video of 28 seconds to the present applicant, in which the video recording of a bag containing currency notes of Rs.500/were seen and a printer has been recovered from him.

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So far recovery of printer is concerned, Mr. Menaria argued that similarly situated co-accused person Arjun singh has already been granted benefit of bail vide order dated 21.12.2023 in S.B. Criminal Misc. Bail Application No.16246/2023.

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Counsel submitted that charge-sheet has been filed against the applicant and neither any investigation nor any recovery remains to be made from him and as the trial of the case is likely to take substantial time, the applicant be released on bail.

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Learned Public Prosecutor vehemently opposed the bail application by contending that there is enough evidence on record to show applicant’s involvement in the offence of creating spurious currency notes. It was

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asserted that there was an agreement between the principle accused and the present applicant that after printing the fake currency notes, a sum of Rs.20 lakhs shall be given to him and that the house in which the notes were prepared belong to applicant’s uncle(mama). 7. Heard learned counsel for the parties and perused the material available on record. 8. True it is, that video recording of 28 seconds was sent by co-accused Sanjay Shah to the applicant and a printer was recovered from him, but now, the chargesheet has been filed against the applicant. Similarly situated co-accused Arjun Singh has also been enlarged on bail by this Court and trial of the case is likely to take substantial time, hence, this Court is inclined to accept the bail application of the applicant, who is behind the bars since 14.11.2023.

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Following the reasoning given in the case of co-accused (Mahendra) and considering that all other co-accused persons have already been enlarged on bail and charge-sheet has been filed, and that the applicant is behind the bars since 11.11.2023 and trial of the case is likely to take substantial time, this Court deems it appropriate to enlarge the present applicant on bail. 7. Consequently, the bail application filed under section 439 Cr.P.C. is allowed. The applicant - Sanjay Shah S/o Shri Padamchand Shah arrested in connection with FIR No.353/2023, registered at Police Station Sardarpura, District Jodhpur shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

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Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall

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however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.

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(DINESH MEHTA),J

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241-Arun/-

Sanjay Shah v. State of Rajasthan

Case brief

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Sanjay Shah v. State of Rajasthan

Case brief

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