Bombay High Court
Shaikh Samran @ Lucky Rashid Shaikh vs The State Of Maharashtra on 7 September, 2020
Author: V.K. Jadhav
Bench: V.K. Jadhav
1 BA 689.2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
36 BAIL APPLICATION NO.689 OF 2020
SHAIKH SAMRAN @ LUCKY RASHID SHAIKH
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Sharma Govind M.
APP for Respondent : Mr. A M Phule
...
CORAM : V.K. JADHAV, J.
Dated : September 07, 2020
...
PER COURT :-
1. The applicant is seeking regular bail in
connection with Crime No.436 of 2019 registered with
Pundlik Nagar Police Station, Aurangabad District
Aurangabad for the offences punishable under section
489A, 489B, 489C, 489D, 420 r/w 34 of the Indian
Penal Code. His application with similar prayer bearing
Criminal Bail application No.694 of 2020 came to be
rejected by the learned Additional Sessions Judge-10,
Aurangabad vide order dated 6.6.2020.
2. Learned counsel for the applicant submits
that investigation is over and charge-sheet has been
aaa/-
::: Uploaded on - 08/09/2020 ::: Downloaded on - 09/09/2020 23:38:45 :::
2 BA 689.2020.odt
submitted. The learned counsel submits that as per the
allegations made in the complaint and as it has been
revealed during the investigation that one printer came
to be seized from the applicant alongwith the four
currency notes of Rs.100/- (Rs. Hundred) denomination
and further the xerox copies of the said currency notes
four in number. Learned counsel submits that except
that there is no connecting evidence against the
applicant. Learned counsel submits that this only
indicates that in the said printer xeroxing of real
currency notes has been done, however, that hardly
speaks about making of the fake notes by using some
other method. Learned counsel submits that there is no
criminal history. The applicant has a fxed place of
residence and the applicant has placed on record copy
of the Aadhar Card, domicile certifcate, Ration card,
school leaving certifcate, etc. The applicant has a
permanent place of residence. He is easily available for
trial. The applicant may be released on bail.
aaa/-
::: Uploaded on - 08/09/2020 ::: Downloaded on - 09/09/2020 23:38:45 :::
3 BA 689.2020.odt
3. Learned A.P.P. has strongly resisted the
application on the ground that printer with the four
currency notes of Rs.100/- denomination alongwith the
xerox copies of the said notes recovered from the
possession of the applicant. Prima facie, there is strong
case against the applicant. The applicant may not be
released on bail.
4. On going through the allegations made in
the complaint and on perusal of the charge-sheet,
though I fnd that printer came to be seized from the
possession of the applicant, however, prima facie, in the
given set of allegations I hardly fnd that section 489-A
is attracted, which speaks that whoever counterfeits, or
knowingly performs any part of the process of
counterfeiting, any currency note or bank-note is liable
for punishment under the provisions of section 489-A of
the Indian Penal Code. Further, Section 28 of the
Indian Penal Code defnes "Counterfeit" and main
ingredients of the counterfeit are i] one causing one
thing to resemble another thing, ii] intending by means
aaa/-
::: Uploaded on - 08/09/2020 ::: Downloaded on - 09/09/2020 23:38:45 :::
4 BA 689.2020.odt
of that resemblance to practise deception, or iii] knowing
it to be likely that deception will thereby be practiced.
5. In the instant case, if with the help of the
printer, if xeroxing has been done of the currency notes,
same would hardly attract the counterfeiting as defned
under section 28 of the IPC. The applicant has a fxed
place of residence. He is easily available for trial. There
is no criminal history. I am thus inclined to release the
applicant on bail. Hence, following order.
ORDER
I. Application is hereby allowed.
II. Applicant SHAIKH SAMRAN @ LUCKY RASHID SHAIKH in connection with Crime No.436 of 2019 registered with Pundlik Nagar Police Station, Aurangabad, District Aurangabad for the offences punishable under section 489A, 489B, 489C, 489D, 420 r/w 34 of the Indian Penal Code, be released on bail on furnishing P.B. of Rs.20,000/-(Rs. Twenty Thousand) with one solvent surety of the like amount on the following conditions :-
aaa/-::: Uploaded on - 08/09/2020 ::: Downloaded on - 09/09/2020 23:38:45 :::
5 BA 689.2020.odt a] The applicant shall not tamper with the prosecution evidence, in any manner.
III. Bail application is accordingly disposed off.
( V.K. JADHAV, J. ) ...
aaa/-
::: Uploaded on - 08/09/2020 ::: Downloaded on - 09/09/2020 23:38:45 :::