Manohar Thakre vs The State Of Madhya Pradesh on 4 December, 2019

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Madhya Pradesh High Court

Manohar Thakre vs The State Of Madhya Pradesh on 4 December, 2019

This is third application under Section 439 of the Cr.P.C. for grant of bail. Applicant Manohar Thakre was arrested on 03/11/2018 in connection with Crime No.615/2018 registered at Police Station City Kotwali, District Chhindwara for the offence punishable under Sections 489A, 489B, 489C, 489D of the IPC.

The first bail application filed by the applicant was dismissed on merit by this Court vide order dated 20/03/2019 passed in M.Cr.C.No.10344/2019 and second bail application was dismissed as withdrawn vide order dated 28/08/2019 passed in M.Cr.C.No.25391/2019.

As per prosecution case on 30/10/2018 when Preeti Mishra, Sub- Inspector, Police Station City Kotwali, District Chhindwara was on routine checking along with other members of the Police force at Chandangaon Bus Stand, at 1:30 P.M co-accused Sitaram Chouhan and Vinod Tumdam came there on a motorcycle without a number plate from Nagpur Roadside. On suspicion, she tried to stop them, but they tried to run away from the spot. Preeti Mishra caught them with the help of other members of the Police force. On search, she found fake currency notes of Rs.3,00,000/- in the dicky of the motorcycle, which was illegally being carried by them. On that, she seized that fake currency notes from the possession of Sitaram. On interrogation, they informed that they prepared counterfeit currencies and circulated the same in the market with the help of other co-accused namely Santosh Chauhan, Rajendra Pawar, Sarvan Kumar and Shyam Lal Pawar. On that Police registered Crime No.615/2018 for the offence punishable under Sections 489(A), 489(B), 489(C), 489(D) of the IPC. During investigation Police also seized colour printer, paper, cutter etc. from the possession of co-accused Sitaram, which was used by him for preparing fake currency note. On the information of the co-accused persons Police also arrested applicant Manohar Thakre and co-accused Golu @ Suraj Salbarde, Santosh Chouhan, Rajendra Pawar, Shyamlal and Shravan Kushram and also Digitally signed by ANURAG SONI Date: 05/12/2019 15:51:09 2 MCRC-46992-2019 seized fake currency notes worth Rs.10,000/- from the possession of co- accused Golu @ Suraj Salbarde, one colour printer and fake currency note worth Rs.4,07,900/- from the possession of co-accused Sitaram Chouhan, fake currency notes worth Rs.43,800/- and 150 pages of A-4 size on which note of Rs.100/- was printed from the possession of co- accused Santosh Chouhan, fake currency note worth Rs.8,500/- from the possession of applicant Manohar Thakre, fake currency note worth Rs.60,300/- from the possession of co-accused Rajendra Pawar, fake currency note worth Rs.59,500/- from the possession of co-accused Sarvan Kushram and fake currency notes worth Rs.1,00,900/- from the possession of co-accused Shyam Lal.

Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the matter. Although, first bail application filed by the applicant was dismissed on merit, but thereafter the statements of independent witnesses of seizure memo i.e. Vidit Kumar Verma (PW/1) and Ajay Lalwani (PW/2) have been recorded by the trial Court. They turned hostile and did not support the prosecution story. There is no other evidence on record to show that applicant circulated the fake currency notes in the market, so at the most offence punishable under Section 489C of the IPC is made out against the applicant, which is bailable one. The applicant is in custody since 03/11/2018. The charge-sheet has been filed and conclusion of the trial will take time. On the aforesaid grounds, learned counsel prayed that the applicant be enlarged on bail.

Learned counsel for the State opposed the prayer stating that the applicant was indulged in preparing and circulating fake currency notes, so he should not be released on bail.

Although, first bail application filed by the applicant was dismissed on merit, but thereafter the statements of independent witnesses of seizure memo i.e. Vidit Kumar Verma (PW/1) and Ajay Lalwani (PW/2) have been recorded by the trial Court. So, looking to the facts and circumstances of the case and the fact that the applicant has no criminal past, he is in custody since 03/11/2018, charge-sheet has been filed and conclusion of trial will take time, without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court.

Digitally signed by ANURAG SONI Date: 05/12/2019 15:51:09

3 MCRC-46992-2019 This order will remain operative subject to compliance of the following conditions by the applicant :

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the trial;

3.The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as t o dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial; and

6. The applicant will not leave India without prior permission of the trial Court.

C.c. as per rules.

(RAJEEV KUMAR DUBEY) JUDGE as Digitally signed by ANURAG SONI Date: 05/12/2019 15:51:09

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