Gujarat High Court
Divyang Ramabhai Dabhani vs State Of Gujarat on 20 June, 2022
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
R/CR.MA/3597/2022 ORDER DATED: 20/06/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 3597 of 2022
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DIVYANG RAMABHAI DABHANI
Versus
STATE OF GUJARAT
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Appearance:
MR MAHESH P PATEL(3381) for the Applicant(s) No. 1
MR N P CHAUDHARY(3980) for the Applicant(s) No. 1
MRS KRINA CALLA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 20/06/2022
ORAL ORDER
1. The applicant, by way of this application filed under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R. No. 11191011210117 of 2021 registered with DCB Police Station, Ahmedabad city, Dist. Ahmedabad, for the offences punishable under Sections 489A, 489B, 489C, 489D and 120B of IPC.
2. Case of the prosecution is that based on information, raid was conducted at the place referred in the FIR. In all 5 persons were nabbed as they were in possession of counterfeit notes likely to circulate in the market. The fake currency notes found from the possession of accused nos. 1 to 3. Accused Nos. 4 and 5 did not found with the counterfeit notes but upon further investigation, it found that they had involved in process of making fake notes and at their instance, the investigation agency recovered and seized laptops, printers and other materials for the purpose of being used Page 1 of 5 Downloaded on : Fri Jun 24 20:25:11 IST 2022 R/CR.MA/3597/2022 ORDER DATED: 20/06/2022 in making fake notes. So far present applicant is concerned, it is alleged that the laptop seized is belonged to him and the soft images of counterfeits found in the folder of the laptop. According to prosecution case, it was joint operation of the accused to circulate the counterfeit notes in the open market for their economical benefits.
3. In the aforesaid facts, in all 5 accused have been arrested. After completion of the investigation, chargesheet came to be filed. The co-accused no. 4 Kiranbhai, accused no. 1 - Parag Vania, and Haresh Dabhani - accused no.2 have been enlarged on bail by co- ordinate bench of this Court.
4. Learned counsel Mr. NP Chaudhary for and on behalf of the applicant submitted that, the role of accused no. 4 and the present applicant are similar in nature and therefore, applying the principle of parity, the applicant may be enlarged on bail. He further submitted that the applicant was not found with the alleged counterfeit notes and he has been implicated in the alleged offence mainly on the ground that he was present at the place of offence with co-accused. He further submitted that there is no allegation that the counterfeit notes have been circulated in the market.
5. In the aforesaid contentions, he submitted that the applicant does not have any past antecedent of like nature and he is in custody since 28.09.2021 and as such, there is no progress in the trial. In such circumstances, discretion may kindly be exercised enlarging the applicant on bail.
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6. On the other hand, learned APP Mrs. Krina Call for the State, opposing the application, submitted that the laptop which has been used in making the counterfeit notes is belongs to applicant herein and material also found from the laptop which clearly established the involvement of the applicant herein. Thus, therefore, learned APP submitted that prima-facie case is made out against the applicant and considering the nature and gravity of accusation, severity of punishment in the event of conviction and interest of society at large, no case is made out for exercising discretion in favour of the applicant herein.
7. Having considered the chargesheet case papers, it appears that counterfeit notes have been recovered and seized from the possession of accused Nos. 1 and 3. Accused nos. 1 and 2 have been enlarged on regular bail. The accused nos. 4 and 5 is charged with Section 489-D of the IPC, for possessing instruments like laptops and material for making counterfeit currency notes. It is the case of the prosecution that all the accused have hatched the criminal conspiracy to circulate the counterfeit notes. In such circumstances, this court is of the considered view that each accused have been assigned a particular role so as to enable them to prepare a fake notes and therefore, the role of accused no.3 and 4 can be said to be a similar in nature. Hence, applying the principle of parity, the applicant deserves benefit of bail. Without expressing anything on the merits of the case, when applicant does not have any past antecedent and since 28.09.2021, he is in jail and trial is still not commenced, it is a fit case to exercise the discretion and accordingly, I incline to enlarge the applicant on bail. Hence, the bail application is allowed.
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8. Hence, the applicant is ordered to be released on regular bail in connection with the FIR being C.R. No. 11191011210117 of 2021 registered with DCB Police Station, Ahmedabad city, Dist. Ahmedabad, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall:
No. Conditions
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injuries to the interest of the
prosecution;
(c) surrender passport, if any, to the lower court within a
week;
(d) not leave India without prior permission of the Sessions
Judge concerned;
(e) furnish latest address of residence to the Investigating
Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the trial Court;
9. The authorities shall release the applicant if he is not required in connection with the any other offence. If breach of any above condition is committed, the Sessions Judge concerned shall take appropriate action or issue warrant against the applicant. The bail bond to be executed before the learned trial Court having jurisdiction to try the case. It will be open for the sessions judge concerned to delete, modify and/or relax any of the above Page 4 of 5 Downloaded on : Fri Jun 24 20:25:11 IST 2022 R/CR.MA/3597/2022 ORDER DATED: 20/06/2022 conditions, in accordance with law. Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this case. Rule is made absolute to the aforesaid extent. Direct service permitted.
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