1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2467 of 2009 Manoj and anr v. State of Maharashtra -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr G.S. Bapat, Advocate for applicant Mr D.P. Thakare, APP State Coram : A.P. Bhangale, J Dated : 17th August 2009 1. Heard learned counsel for the applicant and learned Additional Public Prosecutor for State. Applicants are seeking bail in Crime No. 96/2009 registered with Police Station, Morshi, District Amravati under Sections 489-B, 420 read with Section 34 of the Indian Penal Code. 2. Learned counsel for the applicant submits that offence could at the most be attracted under Section 489-C of the Indian Penal Code which is bailable. He submits that applicants are poor fishermen, having no criminal history to their credit and their complicity in the commission of crime is doubtful. Learned APP, on the other hand, opposing bail 2 application, points out that currency note used by applicants was found to be fake and one counterfeit note was seized from their possession. He prayed for rejection of the application. 4. As is borne out from complaint and reply filed by respondent-State, only one instance of using counterfeit note has been disclosed, that is to say, for procurement of pan material. It is stated by first informant that for 3-4 months, applicants were procuring pan material from his shop. There is no allegation that applicants were engaged in selling or trafficking counterfeit currency notes. Without observing anything on merit, I find that prima facie, ingredients of offence punishable under Section 489-C of the Indian Penal Code are attracted which offence is bailable. Looking to the profession of applicants and the fact that they are in jail since 31.5.2009, applicants deserve to be released on bail. 5. Applicants are directed to be released on bail in Crime No. 96/2009 of the Indian Penal Code registered with Police Station, Morshi under Sections 489-B and 420 read with Section 34 of the Indian Penal Code upon their executing PR Bond in the sum of Rs. 25,000/- each with one or more solvent sureties in the like sum. Applicants shall attend Investigating Officer as and when required. They are directed not to tamper with prosecution evidence. Applicants shall not misuse liberty of bail in any manner. Applicants shall leave their permanent address with telephone/cell phone number, if any, with the Investigating Officer and shall communicate change, if any 3 therein, in future. Application stands disposed of accordingly. Judge. Hsj