Madhya Pradesh High Court
Vinod vs The State Of Madhya Pradesh on 16 May, 2019
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. 18348/2019
(Vinod Vs. State of M.P.)
1
Jabalpur, Dated : 16.05.2019
Shri M.K. Pandey, counsel for the applicant.
Shri Abhay Gupta, P.L. for the respondent / State.
Heard with the aid of case diary.
This is a first application filed under section 439 Cr.P.C. Applicant Vinod was arrested on 03.10.2018 in Crime No. 615/2018 registered at Police Station City Kotwali, District Chhindwara for the offence punishable under Section 489-A, 489-B, 489-C and 489-D of IPC.
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 applicant Vinod and co-accused Sitaram Chouhan, 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 being illegally carried by them. On that, she seized that fake currency notes from the possession of co-accused Sitaram. On interrogation, they informed that they prepared counterfeit currencies and circulated the same in the market with the help co-accused namely Sarvan, Santosh Chauhan, Rajendra Pawar, and Shyam Lal Pawar. On that Police registered Crime No.615/2018 for the offence punishable under Sections 489(A)(B)(C)(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 co-accused Sarvan Kushram, Manohar Thakre, Golu @ Suraj Salbarde, Santosh Chouhan, Rajendra Pawar and Shyamlal and also seized fake currency notes worth Rs.10,000/- from the possession of co-accused THE HIGH COURT OF MADHYA PRADESH M.Cr.C. 18348/2019 (Vinod Vs. State of M.P.) 2 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 co-accused 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 Shyamlal.
Learned counsel for the applicant submits that applicant has not committed any offence and has falsely been implicated in the offence. It is further submitted that nothing has been recovered from the possession of applicant. Police only on the basis of memorandum of co-accused implicated the applicant in the crime. The applicant is in custody since 03.10.2018 and the conclusion of trial is likely to take long time, hence prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer. Looking to the facts and circumstances of the case and as to the fact that nothing has been seized from the possession of applicant and he has no criminal past and that the applicant is in custody since 03.10.2018, charge sheet has been filed and conclusion of trial is likely to take long time, without commenting on the merits of the case, the application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant :-
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. 18348/2019 (Vinod Vs. State of M.P.) 3
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 fact of the case so as to dissuade him 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 previous permission of the trial Court.
C.C. on payment of usual charges.
(Rajeev Kumar Dubey)
sarathe Judge
Digitally signed
by NAVEEN
KUMAR
SARATHE
Date:
2019.05.17
09:43:26 +05'30'