Gujarat High Court
Piyushbhai Parshotambhai Vaghasiya vs State Of Gujarat on 24 November, 2022
Author: Samir J. Dave
Bench: Samir J. Dave
R/CR.MA/12028/2022 ORDER DATED: 24/11/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 12028 of 2022
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PIYUSHBHAI PARSHOTAMBHAI VAGHASIYA
Versus
STATE OF GUJARAT
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Appearance:
MR MRUNAL R DHOLARIA(11915) for the Applicant(s) No. 1,2
MR. BHAUMIK DHOLARIYA(7009) for the Applicant(s) No. 1,2
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 24/11/2022
ORAL ORDER
1. The present bail application is filed under Section 439 of the Code of Criminal Procedure by the applicants for regular bail in connection with an FIR being C.R.No. 11215002220278 of 2022 registered with Anand Town Police Station, District Anand for the offence punishable under sections 489A, 489B, 489C, 489D and 114 of the Indian Penal Code.
2. Learned advocate for the applicants submits that the secret information received by the complainant culminated into the subject FIR neither the said secret information is reduced into writing nor any corroborative or independent evidence is available to strengthen such secret information.
Page 1 of 5 Downloaded on : Fri Dec 23 23:57:09 IST 2022R/CR.MA/12028/2022 ORDER DATED: 24/11/2022 That, investigation of the present offence has been completed and the investigating officer has filed charge sheet against the present applicant but such charge sheet is based upon the Police Statement of the complainant Police Sub Inspector and four to five other police officials. Except so called panchas, there are no independent witnesses. That, except the bare words of the complainant and the police witnesses, there is no legally admissible and/or corroborative evidence to link the present applicant in crime in question. That, considering the total amount of alleged currency notes, the bail of the present applicants may be considered. That, there is no evidence to the effect that the applicants were either selling, buying or trafficking in or using as the genuine currency notes. That, the muddamal currency notes were neither recovered from the applicant's person nor from the applicants' conscious possession. That, investigating agency has not associated any independent witnesses to establish the alleged offence and the entire case of the prosecution is based on the statement of police witnesses, as per settled proposition of law, no conviction can be solely based on the evidence of police witnesses. That, the nature of articles alleged to have been recovered from the applicants are the articles used in routine course. Merely recovery of the articles would not show that the Page 2 of 5 Downloaded on : Fri Dec 23 23:57:09 IST 2022 R/CR.MA/12028/2022 ORDER DATED: 24/11/2022 said instruments were used for counterfeiting. That, considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.
3. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. That, the applicants are involved in the serious offence as alleged and therefore, no leniency view would be taken in favour of the applicants while releasing them on bail. That, printing duplicate notes, the accused have affected the economy of the country. That, accused knew that such currency notes are fake though they used the said currency notes in the market as genuine and committed such a serous offence. Ultimately, it was submitted by learned APP for the respondent-State to reject present application.
4. Having heard learned advocate for the applicant and learned APP for the respondent-State as well as papers produced on record, it appears that the applicants have been arrested on 06.04.2022 in connection with an FIR being C.R.No. 11215002220278 of 2022 registered with Anand Town Police Station, District Anand for the offence punishable under sections 489A, 489B, 489C, 489D and 114 of the Indian Page 3 of 5 Downloaded on : Fri Dec 23 23:57:09 IST 2022 R/CR.MA/12028/2022 ORDER DATED: 24/11/2022 Penal Code and thereafter, investigating officer has filed a charge sheet against both of the applicants and after filing of the charge sheet, both of the applicants have approached the learned Sessions Court concerned by way of Criminal Misc. Application No. 719 of 2022 but the same was rejected vide order dated 21.06.2022.
5. It appears from the order of rejecting the bail by the learned Sessions Court on 21.06.2022 that the applicants were arrested with 1226 currency notes having denomination of Rs. 100/- . Moreover, the learned Sessions Court has observed that the act of the applicants cannot be taken in easier manner because by doing such serious offence, the accused means present applicants have affected the economic of the country and thereby, they have committed an offence against the nation.
6. This court very well aware with the provisions of the bail but with such object, while considering the application of bail, the court has to consider the gravity and role of the accused in the offence. The learned Sessions Court has observed that such fake currency notes are seized from the possession of the applicants and thus, this court deems it think that the present applicants are involved in the serious offence and it will affect the economic of the country and disturb the Page 4 of 5 Downloaded on : Fri Dec 23 23:57:09 IST 2022 R/CR.MA/12028/2022 ORDER DATED: 24/11/2022 economy also and thus, while considering the gravity of offence and role played by the applicants in commission of offence, prayer of the applicants requires rejection.
Hence, present application stands rejected. Rule stands discharged.
(SAMIR J. DAVE,J) K. S. DARJI Page 5 of 5 Downloaded on : Fri Dec 23 23:57:09 IST 2022