Madhya Pradesh High Court
Surendra vs The State Of Madhya Pradesh on 3 December, 2021
Author: Anil Verma
Bench: Anil Verma
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 55684/2021
(Surendra Vs. State of MP)
Indore, Dated: 3/12/2021
Shri A. Trivedi learned counsel for the applicant.
Ms. Geetanjali Chourasiya learned Panel Lawyer, for the
respondent/State.
Both the parties heard. Case diary perused.
This is second application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is implicated in connection with Crime No.396/2021 registered at Police Station- Garoth Distt. Mandsaur (MP) for commission of offence punishable under Section 489-A, 489-B/34 of the Indian Penal Code. The applicant is in custody since 16/8/2021.
As per prosecution story, on 29/7/2021, police has received an information from the informant that two persons were talking about using of forged currency notes in the market. On the basis of said information, police force reached on the spot and found two persons, similar to the information received. During interrogation they revealed their name as Kachrulal and Sharif. During the investigation police recovered 63 notes (Rs.100/- denomination) of forged currency notes, amounting to Rs.6300/- and Sharif was found in possession of 53 notes (Rs.100/- denomination) of forged currency notes, amounting to Rs.5300/-. During further investigation, one co-accused Mangal was also arrested and recovered 70 notes (Rs.100/- denomination) of forged currency notes, amounting to Rs.7000/- and Ishwar was found in possession Signature Not Verified SAN Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2021.12.04 16:32:08 PST 2 of 66 notes (Rs.100/- denomination) of forged currency notes, amounting to Rs.6600/-. During investigation it is found that present applicant has given Rs.5,000/- forged currency notes to other co-accused persons and he paid bought forged currency worth Rs.5,000/- for Rs.1,000/-, but due to fear of being caught, the same was burnt by the applicant. It is found that present applicant and other co-accused persons were in possession or using counterfeit currency notes and they knew well that such bank notes are counterfeit and using as genuine notes. Accordingly, offence has been registered against the present applicant and other co-accused persons.
Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in the offence. The applicant is in custody since 16.8.2021, investigation is over and charge sheet has been filed and charges under section 489E, 489C and 201 of IPC have been framed by the trial court against the applicant and all the offences are bailable in nature and no other charge has been framed by the trial court. In these changed circumstances learned counsel prays that applicant be released on bail.
Per contra, learned P.L. for respondent - State opposes the bail application and supports the order impugned and prays for rejection of the bail application.
Perused the impugned order of the trial Court as well as the case diary and charges framed by the trial court.
After considering the facts and circumstances of the case, nature and gravity of the offence and also taking note of the fact Signature Not Verified SAN Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2021.12.04 16:32:08 PST 3 that earlier applicant's bail application being M.Cr.C. No. 45010/21 was dismissed on merit by order dated 20.9.21, at that time offence under sections 489-A, 489-B/34 of IPC were registered against the present applicant but now in the changed circumstances only bailable offences have been registered against the applicant. In view of the above, I deem it proper to release the accused / applicant on bail. Therefore, without commenting on the merits of the case, the application is allowed.
It is directed that applicant be released on bail on his furnishing personal bond in the sum of Rs.75,000/- (Rs. Seventy Five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by all the conditions enumerated u/S. 437(3) Cr.P.C., Before releasing the applicant from the custody, the Jail Authorities are directed to medically examine him in order to rule out the possibility of Covid-19 infections and shall comply with the directions issued by the Hon'ble Apex Court in W.P.No. 01/2020.
Certified copy as per Rules.
(Anil Verma) Judge BDJ Signature Not Verified SAN Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2021.12.04 16:32:08 PST