Madhya Pradesh High Court
Mo. Sameer vs The State Of Madhya Pradesh on 20 October, 2023
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 20 th OF OCTOBER, 2023
MISC. CRIMINAL CASE No. 37200 of 2023
BETWEEN:-
MO. SAMEER S/O GOS MOHAMMAD, AGED ABOUT 19
YEARS, OCCUPATION: LABOUR R/O GRAM NIPALIYA
TEHSIL PIPLODA RATLAM (MADHYA PRADESH)
.....APPLICANT
(SHRI SANJAY KUMAR SHARMA, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION PIPLODA
DISTRICT RATLAM (MADHYA PRADESH)
.....NON-APPLICANT/STATE
(SHRI RAHUL SOLANKI, GOVERNMENT ADVOCATE)
This application coming on for order this day, th e Court passed the
following:
ORDER
Heard with the aid of case diary.
This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.258/2023 dated (not mentioned) registered at Police Station Piploda, District Ratlam (M.P.) for commission of offence punishable under Sections 489-A, 489-B, 489-C, 489-D, 120-B and 34 of IPC.
2. Prosecution story in brief is that on 16.07.2023, on the basis of secret information, co-accused Manish and Pushkar were counterfeiting Indian Signature Not Verified currency notes of Rs.500/- and were preparing to use them in market. On the Signed by: GEETA PRAMOD Signing time: 20-10-2023 18:42:45 2 basis of aforementioned intimation, the police reached at the spot and it was found that inside of an electronic shop, co-accused persons Manish and Pushkar were present. There was a running colour printer, a laptop and white printing papers present over there. Counterfeited notes of Rs.500/- were scattered inside the room. On checking the notes, they were found to be counterfeited. The articles discussed above were seized from the joint possession of the co-accused persons Manish and Pushkar. On the basis of memorandum statement of aforementioned co-accused persons, present applicant was arrested on 22.07.2023.
3 . Learned counsel for the applicant/accused submits that the applicant has not committed the offence and he has falsely been implicated in the case only on the basis of memorandum statement of co-accused persons. It is further submitted that case of the present applicant is identical to that of co- accused Kartik Sharma, who has been enlarged on bail vide order dated 18.10.2023 passed by this Court in MCRC No.46901/2023. There is no evidence against the applicant that he was involved in counterfeiting the currency notes. Therefore, act of the applicant comes u/S 489-C of IPC, which is a bailable offence. Applicant is in custody since 22.07.2023. After completion of investigation, charge-sheet has been filed. Applicant has no criminal antecedents likewise this offence. Trial will take considerable long time for its disposal, therefore, it is prayed that the applicant be released on bail.
4. On the other hand, learned counsel for the non-applicant/State has opposed the prayer and prayed for its rejection.
5. Having considered the rival submissions, also looking to the aforesaid facts and circumstances of the case and allegations made against the applicant, Signature Not Verified Signed by: GEETA PRAMOD Signing time: 20-10-2023 18:42:45 3 on the ground of parity with co-accused Kartik Sharma, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting on the merits of the case, the application is allowed.
6. It is directed that applicant- Mo. Sameer shall be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.
7. This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
8. With the aforesaid, this application is allowed and stands disposed of.
Certified copy, as per Rules.
(PRAKASH CHANDRA GUPTA) JUDGE gp Signature Not Verified Signed by: GEETA PRAMOD Signing time: 20-10-2023 18:42:45