Bombay High Court
Mangesh Balkrishna Narkar vs State Of Maharashtra on 19 June, 2024
Author: N. J. Jamadar
Bench: N. J. Jamadar
2024:BHC-AS:24520
3-ba-3981-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3981 OF 2023
Mangesh Balkrishna Narkar ...Applicant
vs.
The State of Maharashtra ...Respondent
Mr. Rajas Naik a/w. Mr. Vishal Bhogle, for the Applicant.
Mr. P.N. Dabholkar, APP for the State.
Mr. Kanade, PSI, DCB CID, Unit-8 present.
CORAM : N. J. JAMADAR, J.
DATE : JUNE 19, 2024
P.C.:
1. Heard the learned Counsel for the parties.
2. This is an application for bail in connection with C.R. No.628
of 2021 registered with DCB CID Mumbai for the offences
punishable under Sections 489A, 489B, 489C and 489D read with
Section 34 of the Indian Penal Code, 1860.
3. The indictment against the applicant is that on 9 July 2021,
pursuant to specific information, the police conducted a
surveillance at Asha Nagar Slum, near Milan Sub-Way, Mumbai. At
2.30 a.m., co-accused Irfan Shaikh, whose description matched with
the features given by the informant, came near Asha Nagar Slum
Service Road. He was accosted. In the search of the co-accused, in
the presence of the public witnesses, 190 counterfeit currency
notes of 500 denomination and one counterfeit currency note of
Rs.100 denomination were found. In the investigation, the
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complicity of the applicant was revealed. Applicant was arrested.
Persuant to the discovery made by the applicant, 50 counterfeit
currency notes of Rs. 500/- denomination were recovered.
4. At the outset, the learned counsel for the applicant invites the
attention of the Court to an order dated 28 th February, 2022
whereby the co-accused Irfan Shaikh was granted bail.
5. Irfan Shaikh, the co-accused, who has been released on bail,
was found in possession of 190 counterfeit notes of Rs. 500/-
denomination and one note of counterfeit note of Rs. 100/-
denomination. It appears that Irfan Shaikh had named the
applicant and other persons from whom he had procured those
counterfeit currency notes.
6. Prima facie, it appears that at the instance of the applicant
counterfeit currency notes were recovered. While releasing the co-
accused Irfan Shaikh, this Court, inter alia, observed as under:-
6. I have perused the report under Section 173 of the Code and
the documents annexed with it. Prima facie, the record indicates
that the applicant was found in possession of the counterfeit
currency notes. The material on record, however, does not
indicate that the applicant has used the counterfeit currency
notes having known that those were counterfeit notes. The role
attributed to the applicant of being found in possession of the
counterfeit notes properly falls within the dragnet of the offence
under Section 489C of the Code.
7. In any event, the applicant has been in custody since 10 July
2021. The Court is not informed that the applicant has any
antecedent. In the circumstances of the case, I am inclined to
exercise the discretion in favour of the applicant.
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7. The aforesaid reasons apply with equal force to the claim of
the applicant for bail. I do not find much qualitative difference
between the role attributed to the applicant and that of Irfan
Shaikh, who has been released on bail.
Hence, the following order.
ORDER
(i) The Application stands allowed. (ii) The Applicant - Mangesh Balkrishna Narkar be released on
bail in C.R. No. 628 of 2021 registered with DCB CID Police Station, on furnishing a PR bond in the sum of Rs.50,000/- and one or two sureties in the like amount to the satisfaction of the trial Court.
(iii) The applicant shall mark his presence at DCB, CID Police Station on first Monday of every alternate month between 11 am to 1 pm for a period of three years or till the conclusion of the trial whichever is earlier.
(iv) The applicant shall not tamper with the prosecution evidence. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any police officer.
(v) On being released on bail, the applicant shall furnish his
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contact number and residential address to the investigating officer and shall keep him updated, in case there is any change.
(vi) The applicant shall regularly attend the proceedings before the jurisdictional Court.
(vii) By way of abundant caution, it is clarified that the observations made hereinabove are confined for the purpose of determination of the entitlement for bail and they may not be construed as an expression of opinion on the guilt or otherwise of the applicant and the trial Court shall not be influenced by any of the observations made hereinabove.
Application disposed.
(N. J. JAMADAR, J.)
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