Bombay High Court
Javed Shaikh Khalil Shaikh vs The State Of Maharashtra on 19 August, 2019
Author: V. K. Jadhav
Bench: V. K. Jadhav
29-BA-206-2019.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
29 BAIL APPLICATION NO.206 OF 2019
JAVED SHAIKH KHALIL SHAIKH
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Chatterji Joydeep
APP for Respondent/State: Mr. R.V. Dasalkar
...
CORAM : V. K. JADHAV, J.
DATED : 19th August, 2019
PER COURT:-
1. The applicant is seeking Regular Bail in connection
with Crime No.367 of 2018 registered with Shahada Police
Station, District Nandurbar for the offences punishable under
Sections 489 (A) (B) (C) read with Section 34 of IPC. His
application with similar prayer bearing Criminal Bail Application
No.18 of 2019 came to be rejected by the Additional Sessions
Judge, Shahada by order dated 30.01.2019.
2. Heard both the sides.
3. This is an application filed for bail after charge
sheet. It appears that the currency notes of 100 rupees
denomination worth of Rs.99,500/- came to be seized from the
possession of co-accused - Shakur Ayyub Maniyar. So far as
the present applicant is concerned, it has been disclosed by
the co-accused Shakur that the present applicant has prepared
design of those fake currency notes on his personal computer.
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Thus, the Hard Disk as well as Printer of the said personal
computer of the present applicant was seized during the
course of investigation and had been sent to the Forensic
Science Laboratory Kalina Mumbai. So far as the report
pertaining to the Printer is concerned, the report is in negative.
So far as the report dated 14.08.2019 pertains to the Hard
Disk Exhibit-1, on going through the report carefully, it
appears from the result of analysis that the reference
Photographs Exhibit - 2/1 and Exhibit - 2/2 (two attested
photographs) were not found in the Hard Disk marked as
Exhibit - 1. It is also the result of analysis that the design of
Indian currency notes as mentioned in case forwarding letter
were not found in the Hard Disk marked as Exhibit - 1. There
are certain results of analysis as per column Nos. 4 and 5,
however, it is for the prosecution to explain about the same
before the trial Court and the trial Court to appreciate the
same in the light of allegations made in the complaint and also
the evidence collected during the course of investigation. The
applicant is in jail since 11.12.2018. His antecedents are clear.
The applicant has a fixed place of residence. He is easily
available for trial. In view the above and in the light of the
examination report of the Directorate of Forensic Science
Laboratories, Kalina, Santacruz (East), Mumbai, I am inclined
to release the applicant on bail. Hence, the following order:
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ORDER
I. The application is hereby allowed.
II. The applicant i.e. JAVED SHAIKH KHALIL SHAIKH in connection with Crime No.367 of 2018 registered with Shahada Police Station, District Nandurbar for the offences punishable under Sections 489 (A) (B) (C) read with Section 34 of IPC, be released on bail on furnishing P.B. of Rs.20,000/- (Rupees Twenty Thousand Only) with one solvent surety of the like amount on the following conditions;
(a) The applicants shall not tamper with the prosecution evidence in any manner.
III. The application is accordingly disposed of.
(V. K. JADHAV, J.) Sam..
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