1 cr-appa-1151-10 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLN. NO. 1151 OF 2010 IN CRI. APPEAL NO. 694 OF 2010 Ramvilas Ramdhari Chauhan ..Applicant Vs. The State of Maharashtra ..Respondent .... Ms. Sherali S.Khan Adv. for applicant Smt. M.M.Deshmukh APP for State .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : OCTOBER 4, 2010 P.C.: 1 Heard the learned advocate for the applicant-original accused no.3 and the learned APP for the State. 2 The applicant has been convicted for the offence under Sections 489-A, 489-B, 489-C and 489-D r.w. 120-B of IPC. The 2 cr-appa-1151-10 maximum sentence imposed on the applicant is seven years under Sections 489-B of IPC. The appeal preferred by the applicant is pending. The applicant is now seeking bail. 3 The learned advocate for the applicant states that the maximum sentence of imprisonment imposed on the applicant is seven years and the applicant has undergone more than three and half years of imprisonment. He further submitted that the evidence shows that the applicant was only found in possession of counterfeit currency notes which is an offence under Section 489C of IPC and he cannot be said to be involved in an offence under Section 489-B of IPC. He further submitted that there is no evidence to show that the accused is involved in a case under Section 489-B of IPC. The learned APP pointed out the evidence on record which clearly shows that the applicant had received counterfeit currency notes from one other person i.e. co-accused. In order to support her contention, she has placed reliance on the evidence of Pws 1 and 5. The material on record does show that the applicant had received counterfeit currency notes from some other person, hence, I find much merit in the submission of the learned APP that Section 489B is attracted. Section 489(B) reads as under: 489B. Using as genuine, forged or counterfeit currency- 3 cr-appa-1151-10 notes or bank-notes- Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency-note or bank- note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. ” 4 The evidence on record, shows that the applicant had received currency notes from another person therefore, Section 489B is clearly attracted. Offences under section 489B are serious in nature, they affect the economy of the country, hence, I am not inclined to grant bail. Application is rejected. However, hearing of the appeal is expedited. As soon as the paper books are ready, appeal to be placed on final hearing board. 5 In case, the appeal is not heard by 31.1.2011, liberty to the applicant to prefer a fresh application for bail. [ SMT. V.K.TAHILRAMANI, J.]