Madhya Pradesh High Court
Ishwar Meghwal vs The State Of Madhya Pradesh on 29 October, 2021
Author: Anil Verma
Bench: Anil Verma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M CR C No. 46694 / 2021
ISHWAR MEGHWAL Vs. STATE OF MP
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INDORE, Dated : 29/10/2021
Mr. P. R. Bhatnagar, learned counsel for the applicant.
Mr. A. Polekar, learned PL for the respondent - State.
This is first application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is implicated in connection with Crime No.396/2021 registered at Police Station- Garoth Distt. Mandsaur (MP) for commission of offence punishable under Section 489-A, 489-B/34 of the Indian Penal Code. The applicant is in custody since 29/07/2021.
As per prosecution story, on 29/7/2021, police has received an information from the informant that two persons were talking about using of forged currency notes in the market. On the basis of said information, police force reached on the spot and found two persons, similar to the information received. During interrogation they revealed their name as Kachrulal and Sharif. During the investigation police recovered 63 notes (Rs.100/- denomination) of forged currency notes, amounting to Rs.6300/- and Sharif was found in possession of 53 notes (Rs.100/- denomination) of forged currency notes, amounting to Rs.5300/-. During further investigation, one co-accused Mangal was also arrested and recovered 70 notes (Rs.100/- denomination) of forged currency notes, amounting to Rs.7000/- and applicant
- Ishwar was found in possession of 66 notes (Rs.100/- denomination) of forged currency notes, amounting to HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M CR C No. 46694 / 2021 ISHWAR MEGHWAL Vs. STATE OF MP
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Rs.6600/-. During investigation it is found that co-accused Surendra has given Rs.5,000/- forged currency notes to other co-accused persons and he paid bought forged currency worth Rs.5,000/- for Rs.1,000/-, but due to fear of being caught, the same was burnt by the co-accused Surendra. It is found that present applicant and other co-accused persons were in possession or using counterfeit currency notes and they knew well that such bank notes are counterfeit and using as genuine notes. Accordingly, offence has been registered against the present applicant and other co-accused persons.
Learned counsel for the applicant submits that applicant is innocent and has been implicated falsely. He has been made accused only on the basis of memorandum of co- accused Kachru and Sharif. He was not found on the spot. He never sale or buy any of the fake currency notes, he is an illiterate person. Police has not seized any printer or device of printing of fake currency from the possession of the present applicant. He is a poor person and he has no knowledge about the crime, he is in custody since 29/7/2021. Final conclusion of the trial is likely to take sufficiently long time. It is submitted that co-ordinate Bench of this Court has released accused person in similar nature of cases. He is a permanent resident of District Mandsaur. He, therefore, prays that applicant be released on bail.
Per contra, learned Government Advocate for HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M CR C No. 46694 / 2021 ISHWAR MEGHWAL Vs. STATE OF MP
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respondent - State opposes the bail application and prays for its rejection.
After considering the facts and circumstances of the case and the nature and gravity of the allegation, it is clear that there is sufficient prima facie evidence available against the present applicant. Offence of counterfeit currency notes is an attack on the economy and sovereignty of any country. Bail application of co-accused Surendra was also dismissed by this Court vide order dated 20/09/2021, passed in M.CR.C. No. 45010/2021. In view of the evidence available, without commenting upon the merits of the case, this Court is not inclined to grant bail to the present applicant. Accordingly, the present application u/S. 439 of the Code of Criminal Procedure, 1973 filed by the present applicant is hereby dismissed.
Certified copy as per rules.
(ANIL VERMA) JUDGE KR Digitally signed by KAMAL RATHORE Date: 2021.10.30 13:56:41 +05'30'