Gujarat High Court
Mukeshbhai Jivanbhai Prajapati vs State Of Gujarat on 26 April, 2022
Author: A.Y. Kogje
Bench: A.Y. Kogje
R/CR.MA/5105/2022 ORDER DATED: 26/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 5105 of 2022
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MUKESHBHAI JIVANBHAI PRAJAPATI
Versus
STATE OF GUJARAT
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Appearance:
MR DADHICHI L LIMBOLA(10936) for the Applicant(s) No. 1
MS MOXA THAKKAR, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 26/04/2022
ORAL ORDER
1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with I-CR No.365 of 2019 registered with Sola High Court Police Station, Ahmedabad for offence under Sections 489A, 489B, 489C, 489D and 114 of the Indian Penal Code. This application is the fifth application filed for regular bail. The first three applications for regular bail being Criminal Misc.Application No.23021 of 2019, Criminal Misc.Application No.17835 of 2019 and Criminal Misc.Application No.11515 of 2020 permitted to be withdrawn and disposed of by orders dated 28.01.2020, 13.11.2019 and 27.10.2020 respectively. Criminal Misc.Application No.11515 of 2020 was permitted to be withdrawn with a liberty to file the same if the trial does not progress satisfactorily within period of one year from the reopening of physical hearing. There after, the applicant filed fourth application for regular bail after filing of Page 1 of 5 Downloaded on : Fri Apr 29 21:02:20 IST 2022 R/CR.MA/5105/2022 ORDER DATED: 26/04/2022 charge sheet being Criminal Misc.Application No.16876 of 2021, which also was permitted to be withdrawn by order dated 03.02.2022 with a liberty to file the same after a period of six months in case the trial does not conclude.
2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that the present application is filed in view of the liberty reserved in favour of the applicant vide order dated 03.02.2022 in Criminal Misc.Application No.16876 of 2021. 2.1 It is submitted that no offences under Sections 489A to 489D are prima facie made out against the present applicant as the alleged counterfeit currency notes are not "counterfeit" as defined under Section 28 of the Indian Penal Code, but are mere coloured photocopies of actual currency notes. It is submitted that entire procedure of recovery of the alleged counterfeit currency notes by the Investigating Agency is concocted and illegal. 2.2 It is submitted that the applicant is in custody since 02.08.2019 and due to this pandemic situation of COVID 19, the trial has not progressed.
3. Learned APP appearing on behalf of the respondent- State has opposed grant of regular bail looking to the nature and gravity of the offence.
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R/CR.MA/5105/2022 ORDER DATED: 26/04/2022 3.1 It is also submitted that the applicant is involved in
serious offence of counterfeiting of currency notes, which affects economy of the nation as a whole. It is also submitted that the investigation has now culminated into Sessions Case No.365 of 2019 pending before the Sessions Judge, Ahmedabad (Rural) and after resumption of physical hearing by the Courts, the trial is in progress and statements of witnesses are being recorded.
4. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. From the investigation done, the role attributed to the present applicant is that complainant of this case has stated that, some one gave the duplicate currency notes of the denomination of Rs. 2,000/- on 17/07/2019 and of the denomination of Rs. 500/- on 27/07/2019 in the shop namely Khushi mobile, shop no. 5, Suryoday Complex, Ghatlodiya, which were found out in the accout. Hence, the Complainant directed his staff of his shop to check and verify the notes before accepting. On 29/07/2019, when the Complainant was present in his shop, meanwhile, the accused no. (1) of this case, namely Gajubhai Prajapati came to make the online payment of Swiggy, and gave 4 notes of the denomination of Rs. 500/-. On checking these notes, the Complainant found one note of the denomination of Rs. 500/- to be fake prima-facie. Looking to its number, it was 6QG 255153, and the duplicate note of the denomination of rs. 500/- whch was already received in the shop of Page 3 of 5 Downloaded on : Fri Apr 29 21:02:20 IST 2022 R/CR.MA/5105/2022 ORDER DATED: 26/04/2022 the Complainant was also bearing number 6QG 255153. Hence, the Complainant, on finding something suspicious, he told the employee of his shop-the witness-Paresh to make physical search of accued no. (1) Gajubhai Prajapati. On carrying out his physical serach, 4 duplicate notes of the denomination of Rs.100/- were found from him. So, the Complainant called the police, went to the Sola High Court Police Station and lodged the Complaint against the accused and took legal action. Further investigation was assigned to P.S.I. - Mr. V. V. Trivedi and on further interrogation of the accused no. (1) Gaujubhai, he stated that the said duplicate notes were printed by his brother-accused no. (2) Mukeshbhai, through color printer. Accused no. (2) Mukeshbhai was arrested at 15:00 hours on 02/08/2019, and was interrogated for the same. During the course of investigation, search was carried out in the house of accused keeping the accused present. From there, one Laptop, one Color Printer, one cutter, one scale, 12 nos. of blank pages of printer and 3 bottles of color printer as shown by him were seized in presence of the Panchas as per the details of Panchnama. Both the accused persons of this case have committed a very serious offence in collusion with one another. Also, if the accused persons of this case are released on bail, there is possibility that they might commit this type of offence again by printing these type of duplicate currency notes and circulate the same in market. If they are released on bail by the Hon'ble Court, they might cause harm to the investigation of the offence by Page 4 of 5 Downloaded on : Fri Apr 29 21:02:20 IST 2022 R/CR.MA/5105/2022 ORDER DATED: 26/04/2022 allureing the Complaiant as well as Public Witnesses or by threatning them. Hence, it is my opinion to not grant bail to the present accused persons. Charge Sheet has been filed in the against both the accused persons in this case.
5. It also appears that the investigation has now culminated into Sessions Case No.365 of 2019 pending before the Sessions Judge, Ahmedabad (Rural) and after resumption of physical hearing by the Courts, the trial is in progress. Learned APP has also produced deposition of prosecution witness No.1, who was examined and also cross-examanined in detail, which would indicate that the trial is in good progress.
6. Moreover, this is the fifth successive application for regular bail and there appears to be no subsequent development requiring this Court to exercise discretion in favour of the applicant.
7. In view of the aforesaid, the Court is not inclined to exercise direction in favour of the applicant and enlarge him on regular bail. The application therefore stands rejected. Rule is discharged.
(A.Y. KOGJE, J) SHITOLE Page 5 of 5 Downloaded on : Fri Apr 29 21:02:20 IST 2022