Gujarat High Court
Rameshbabu S/O Vainketah Kasthuri vs State Of Gujarat on 10 January, 2025
NEUTRAL CITATION
R/CR.MA/24982/2024 ORDER DATED: 10/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 24982 of 2024
(FOR REGULAR BAIL - AFTER CHARGESHEET)
With
R/CRIMINAL MISC. APPLICATION NO. 131 of 2025
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RAMESHBABU S/O VAINKETAH KASTHURI
Versus
STATE OF GUJARAT
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Appearance:
MR LOGANATHAN DURAI(5948) for the Applicant(s) No. 1
MR MANAN MEHTA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 10/01/2025
COMMON ORAL ORDER
1. Both these applications are preferred under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11208050230018/2023 registered with the "A" Division Police Station, Rajkot City for the offence punishable under Sections 489(a), 489(b), 489(c) and 114 of the Indian Penal Code.
2. Heard learned advocate, Mr. Loganathan Durai for the applicant and learned APP Mr. Manan Mehta for the respondent - State of Gujarat.
3. Learned advocate for the applicant submitted that the so-called incident has taken place on 13.01.2023, for which, the FIR has been lodged on 13.01.2023 and the applicant has been arrested in connection with the same on 31.01.2023 and 15.03.2023 respectively and since then, they are in Page 1 of 15 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:35:37 IST 2025 NEUTRAL CITATION R/CR.MA/24982/2024 ORDER DATED: 10/01/2025 undefined judicial custody. Learned advocate submitted that Criminal Misc. Application No.24982/2024 is preferred by the applicant - original accused no.7 after submission of the chargesheet, where Criminal Misc. Application No.131/2025 is a successive bail application preferred by the applicant - original accused no.8 after the withdrawal of earlier bail application being Criminal Misc. Application No.15643/2023. Learned advocate submitted that in the aforesaid commission of crime, the applicants, who are brother and sister, are falsely implicated with oblique motive, who have nothing to do with the alleged commission of crime. Learned advocate submitted that the applicant - original accused no.7 is a mechanic and is having garage, whereas the applicant - original accused no.8 is a medical student pursuing her study in Ayurvedic Medical College. Learned advocate submitted that the complainant has lodged the aforesaid FIR keeping grudge against the accused persons, wherein the applicants have been wrongly arraigned as accused as there is some family dispute going on. Learned advocate submitted that the co-accused, who is having identical role, has been considered by this Court, therefore on the ground of parity, the applicants may be granted bail.
4. Learned advocate submitted that the FIR is lodged against unknown person, wherein the applications are not named. It is submitted that as per the Page 2 of 15 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:35:37 IST 2025 NEUTRAL CITATION R/CR.MA/24982/2024 ORDER DATED: 10/01/2025 undefined case of the prosecution, the accused, after having knowledge about the fake currency notes, have given 31 notes in the denomination of Rs.500/- to the witness, Sandipkumar Sapariya, to use it and when the said amount was deposited in the account, the said fact came to the notice of the Branch Manager and accordingly, FIR has been lodged. Learned advocate submitted that only on the basis of the statement of the co-accused, the applicants are arraigned as accused and there is no recovery or discovery at the instance of the present applicants - accused. He further submitted that in fact, the muddamal fake currency notes as well as equipment used for its manufacture have already been recovered from other accused and thus, nothing is remaining to be discovered or recovered at the instance of the applicant. Learned advocate submitted that as stated above, the applicant - original accused no.8 has filed successive bail application as there is no progress in the trial after the framing of the chargesheet, therefore for definite period, the applicants may not be kept behind the bars, which ultimately violates the liberty guaranteed under Article 21 of the Constitution of India. Learned advocate further submitted that in view of the recent decisions of the Hon'ble Court, "bail is a rule" and "denial is an exception", therefore considering the ratio laid down by the Hon'ble Supreme Court, the present applications may be allowed. It is, Page 3 of 15 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:35:37 IST 2025 NEUTRAL CITATION R/CR.MA/24982/2024 ORDER DATED: 10/01/2025 undefined therefore, urged that considering the nature of the offence on the ground of parity as also considering the incarceration period spent by the applicants in jail, the applicant may be enlarged on regular bail by imposing suitable conditions.
5. On the other hand, learned APP for the respondent-
State has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that the role of the present applicants is clearly spelt out from the body of the complaint. He submitted that in the present case, the modus of the applicants is required to be seen and all the accused have, in connivance with each other, have committed alleged offence. He submitted that sequence of incident of events as mentioned in the papers of the chargesheet clearly goes on to show that the applicants have involved in the commission of crime. Learned advocate submitted that the applicants have searched video for the creation of fake currency notes and accordingly, they have stayed in a rented premises, where they have called for the material and equipment and all these muddamal have been collected by the Investigating Officer during the course of investigation. It is submitted that during the course of investigation, the accused no.6 was arrested, from whom, fake currency notes of Rs.12,00,000/- were recovered and in his statement, he disclosed the names of the applicants. He further submitted that role Page 4 of 15 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:35:37 IST 2025 NEUTRAL CITATION R/CR.MA/24982/2024 ORDER DATED: 10/01/2025 undefined attributed to the co-accused is different than the present applicants, therefore, the parity cannot apply to the applicants. He further submitted that during the course of investigation, the mobile phones of the accused were seized and CDR collected by the IO during the course of investigation clearly goes on to show the involvement of the applicants with other accused. He further submitted that the accused are resident of Telangana and are also having antecedents. It is, therefore, urged that considering the above facts, the present applications may be rejected.
6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicants and the role played by the applicants. I have also considered the reasoning given by the concerned court while rejecting the bail application and the affidavit filed by the IO opposing the said application.
7. It is the settled position of the law that, at this juncture detailed discussion of evidence and canvassing of the allegations contained in FIR as well as affidavit of the concerned Investigating Officer or the merits of the case as well, is not necessary and should be avoided.
8. It is found out from the record available on record that the applicant is involved in a serious offence of circulation of fake currency notes. Not Page 5 of 15 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:35:37 IST 2025 NEUTRAL CITATION R/CR.MA/24982/2024 ORDER DATED: 10/01/2025 undefined only that, on examination of the chargesheet papers as well as findings given and conclusion arrived at by learned Judge while rejecting the bail applications preferred by the applicants, involvement of the applicants is found out in connivance with each other.
9. Section 489A to 489C of the Indian Penal Code provides as under:
489A Counterfeiting currency notes or banknotes.
Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any currency note or banknote, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
489B Using as genuine, forged or counterfeit currency - notes or banknotes. Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency note or banknote, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
489C Possession of forged or counterfeit currency notes or banknotes. Whoever has in Page 6 of 15 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:35:37 IST 2025 NEUTRAL CITATION R/CR.MA/24982/2024 ORDER DATED: 10/01/2025 undefined his possession any forged or counterfeit currency note or banknote, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
10. The aforesaid provisions (Section 489A to 489C) of Indian Penal Code, deal with various economic offences in respect of forged or counterfeit currency notes or bank notes. The object of legislature in enacting these provisions is not only to protect the economy of the country but also to provide adequate protection to currency notes and bank notes. [kindly see AIR 2005 SC 128 K. Hasim v. State of Tamil Nadu]. Sections 489A, 489B and 489C were specially inserted by the legislature in the IPC to protect the economy of the country.
11. The Supreme Court in K Hashim v. State of Tamil Nadu, (2005) 1 SCC 237, has explained the legislative intent of the provisions pertaining to counterfeiting of currency. Paragraph 46 to 50 of the said judgement reads as under:-
"46. Sections 489-A to 489-E deal with various economic offences in respect of forged or counterfeit currency notes or banknotes. The object of the legislature in enacting Page 7 of 15 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:35:37 IST 2025 NEUTRAL CITATION R/CR.MA/24982/2024 ORDER DATED: 10/01/2025 undefined these provisions is not only to protect the economy of the country but also to provide adequate protection to currency notes and banknotes.
47. Section 489-A not only deals with complete act of counterfeiting but also covers the case where the accused performs any part of the process of counterfeiting. Therefore, if the material shows that the accused knowingly performed any part of the process of counterfeiting, Section 489-A becomes applicable.
48. Similarly Section 489-B relates to using as genuine forged or counterfeited currency notes or banknotes. The object of the legislature in enacting this section is to stop the circulation of forged notes by punishing all persons who knowing or having reason to believe the same to be forged do any act which could lead to their circulation.
49. Section 489-C deals with possession of forged or counterfeit currency notes or banknotes. It makes possession of forged and counterfeited currency notes or banknotes punishable. Possession and knowledge that the currency notes were counterfeited notes are necessary ingredients to constitute offence under Sections 489-C and 489-D. As was observed Page 8 of 15 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:35:37 IST 2025 NEUTRAL CITATION R/CR.MA/24982/2024 ORDER DATED: 10/01/2025 undefined by this Court in State of Kerala v. Mathai Verghese [(1986) 4 SCC 746 : 1987 SCC (Cri) 3 : AIR 1987 SC 33] the expression currency notes is large and wide enough in its amplitude to cover the currency notes of any country. Section 489-C is not restricted to Indian currency note alone but it includes the dollar also and it applies to American dollar bills.
50. The wording of Section 489-D is very wide and would clearly cover a case where a person is found in possession of machinery, instrument or materials for the purpose of being used for counterfeiting currency notes, even though the machinery, instruments or materials so found were not all the materials particular (sic) required for the purpose of counterfeiting."
12. Over a period of time, I have come across cases where attempts are being made to destabilize the economy of the Country either by illegally smuggling or pumping the fake Indian currency notes into India or by manufacturing the same in the country itself. The intention behind the same is to damage the Indian economy by circulating the fake currency notes in the market whether manufactured in India or being pumped/smuggled through external sources. The technology used in printing counterfeit Indian notes is so sophisticated that ordinary people or even Page 9 of 15 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:35:37 IST 2025 NEUTRAL CITATION R/CR.MA/24982/2024 ORDER DATED: 10/01/2025 undefined exchange employees cannot distinguish them from the original notes. Therefore, in order to control the said menace completely, the Government machinery needs to take appropriate steps to ensure that there is no further rise in the circulation of fake notes and that the problem is uprooted.
13. The case of the applicant is that other co-accused has been granted bail by a Coordinate Bench of this Court. The nature of the activity, the chances of the applicant absconding/jumping bail or continuing to indulge in the same activity on release cannot be ruled out at this juncture. It is also found out from the record that the Investigating Officer has recovered huge number of fake currency notes from the conscious and physical possession of the accused and at the time of seizure of the said fake currency notes, a detailed Panchnama in the presence of the Panchas was drawn and the said Panchnama is part and parcel of the record.
14. It is also required to be noted that as held in catena of decisions, the economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be viewed seriously and considered as grave offences affecting the economy of the country as a whole and thereby posing serious Page 10 of 15 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:35:37 IST 2025 NEUTRAL CITATION R/CR.MA/24982/2024 ORDER DATED: 10/01/2025 undefined threat to the financial health of the country. Undoubtedly, economic offences have serious repercussions on the development of the country as a whole. A useful reference can be made to the judgments of the Hon'ble Supreme Court in this regard viz., Y.S. Jagan Mohan Reddy Vs. Central Bureau of Investigation, reported in (2013) 7 SCC 439; Nimmagadda Prasad Vs. Central Bureau of Investigation, reported in (2013) 7 SCC 466; Gautam Kundu Vs. Directorate of Enforcement (Prevention of Money- Laundering Act), Government of India Through Manoj Kumar, Assistant Director, Eastern Region, reported in (2015) 16 SCC 1 and State of Bihar & Anr., Vs. Amit Kumar @ Bachcha Rai, reported in (2017) 13 SCC 751. The Supreme Court taking a serious note with regard to the economic offences had observed as back as in 1987 in case of State of Gujarat Vs. Mohanlal Jitamalji Porwal & Anr., reported in (1987) 2 SCC 364 as under:-
"5 The entire community is aggrieved if the economic offenders who ruin the economy of the State are not brought to books. A murder may be committed in the heat of moment upon passions being aroused. An economic offence is committed with cool calculation and deliberate design with an eye on personal profit regardless of the consequence to the community. A disregard for the interest of the community can be Page 11 of 15 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:35:37 IST 2025 NEUTRAL CITATION R/CR.MA/24982/2024 ORDER DATED: 10/01/2025 undefined manifested only at the cost of forfeiting the trust and faith of the community in the system to administer justice in an even- handed manner without fear of criticism from the quarters which view white collar crimes with a permissive eye unmindful of the damage done to the National Economy and National Interest."
15. At this stage, I would like to put reliance upon the decision of the Hon'ble Apex Court in the case of Rajesh Ranjan Yadav @ Pappu Yadav Vs. CBI Through its Director, reported in (2007) 1 SCC 70, wherein, the Apex Court has laid down that, while considering an application for regular bail, the Courts shall have to take into consideration, the following aspects,
(a) The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence;
(b) Reasonable apprehension of tampering with the witness or apprehension of threat to the complainant;
(c) Prima facie satisfaction of the court in support of the charge;
16. The Hon'ble Apex Court, further, observed at Paragraphs-10 and 16 thus;
"10. In our opinion none of the aforesaid decisions can be said to have laid down any absolute and unconditional rule about when bail should be granted by the Court and Page 12 of 15 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:35:37 IST 2025 NEUTRAL CITATION R/CR.MA/24982/2024 ORDER DATED: 10/01/2025 undefined when it should not. It all depends on the facts and circumstances of each case and it cannot be said there is any absolute rule that because a long period of imprisonment has expired bail must necessarily be granted.
16. We are of the opinion that while it is true that Article 21 is of great importance because it enshrines the fundamental right to individual liberty, but at the same time a balance has to be struck between the right to individual liberty and the interest of society. No right can be absolute, and reasonable restrictions can be placed on them. While it is true that one of the considerations in deciding whether to grant bail to an accused or not is whether he has been in jail for a long time, the Court has also to take into consideration other facts and circumstances, such as the interest of the society."
17. So far as Criminal Misc. Application No.131/2025, which is a successive bail application, is concerned, it is a well settled principle of law that when the successive application comes before the Court, the Court would be very conscious while considering the same. It is also a settled position of law that successive bail applications are permissible under the changed circumstances Page 13 of 15 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:35:37 IST 2025 NEUTRAL CITATION R/CR.MA/24982/2024 ORDER DATED: 10/01/2025 undefined and the changed circumstances must be substantial one which has direct impact on the earlier decision and not merely a cosmetic changes which are of little or no consequences. As held by the Apex Court in State of Maharashtra Vs. Captain Buddhikota Subha Rao, reported in AIR 1989 SC 2292, that successive bail application can be entertained by the Court when substantial change is established by the accused, which would entitle him/her for getting bail in successive bail application. The Court should not pass the order of releasing him/her on bail in successive bail application merely establishing some cosmetic change between time gap of two applications. There should be drastic change during the period between two applications, which would entitle the accused for bail. The Apex Court in the case of Kalyanchandra Sarkar Vs. Rajesh Ranjan, reported in (2005) 2 SCC 42 while dealing with the issue of successive bail application has observed that without change in the circumstances, the subsequent bail application would be deemed to be seeking a review of the earlier rejection order which is not permissible under the criminal law. The Apex Court has further observed that while entertaining such undefined consequent bail application, the Court has a duty to consider the reasons and grounds on which the earlier bail application was rejected and what are the fresh grounds which persuade it warranting the Page 14 of 15 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:35:37 IST 2025 NEUTRAL CITATION R/CR.MA/24982/2024 ORDER DATED: 10/01/2025 undefined evaluation and consideration of the bail application afresh and to take a view different from one taken in the earlier application.
18. Over and above that, strong apprehension has been shown by prosecution that if the applicants are released on bail then, there is possibility of tampering with the evidence and fleeing away from the trial. Therefore considering the nature of offence, role attributed to the applicant and played by them, I am of the opinion that the present application deserves to be rejected.
19. Accordingly, both these applications are rejected.
Notice is discharged.
20. Needless to say that observations made herein above are confined to decision of the present bail application.
Sd/-
(DIVYESH A. JOSHI, J.) Gautam Page 15 of 15 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:35:37 IST 2025