1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.1275 OF 2009 IN CRIMINAL APPEAL NO.110 OF 2009 Narayan Maruti Waghmode ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri N.V. Gaware, Advocate for the applicant Shri B.J. Sonawane, A.P.P. for respondent ..... CORAM : NARESH H. PATIL AND SHRIHARI P. DAVARE, JJ. DATED : 5th September, 2009. ORAL ORDER (PER DAVARE, J.) : 1. Perused. 2. This is an application preferred by the applicant/ accused No.1 requesting to suspend the substantive sentence of seven years R.I. awarded by the learned Additional Sessions Judge, Ahmednagar to him for the offence punishable under Section 489-A of the Indian Penal Code in Sessions Case No. 126/2006 by way of judgment and order dated 12.1.2009 and also requesting to enlarge him on bail during the pendency of the appeal. 2 3. Briefly stated, the prosecution case is that, on receipt of secret information by P.I. Mallesh of L.C.B. on 13.5.2006 that the applicant herein has taken the rented premises and is counterfeiting the currency notes and same were being circulated in the market, a raid was effected at the house of the applicant/ accused No.1 wherein the applicant/ accused No.1 was found preparing the counterfeit currency notes. Upon taking search of the house of applicant/ accused No.1, the articles, equipments and gadgets of preparation of counterfeit currency notes were found, which were seized under the panchanama Exh. 146. The applicant/ accused No.1 made disclosure statement under Section 27 of the Evidence Act on the same day which consequently led to his associates i.e. co-accused persons and allegedly to the discovery of fake currency notes. The investigation was carried out and in all 13 accused were arraigned and charged under Sections 489-A, 489-B and 489-C read with Section 34 of the Indian Penal Code and they were tried for the said offences and applicant/ accused No.1 came to be convicted under Section 489-A of the Indian Penal Code and was sentenced as aforesaid. 4. The learned counsel for the applicant made submission that no counterfeit currency notes were found at the time of alleged raid in the house of the applicant/ accused No.1 and the alleged disclosure statement made by applicant/ accused No.1 under 3 Section 27 of the Evidence Act did not lead to any discovery of counterfeit currency notes. It is also submitted that the alleged seizure is not proper and no sealing was effected at the time of seizure and, therefore, the alleged recovery of counterfeit currency notes in the house of applicant/ accused No.1 is doubtful. 5. The learned counsel for the applicant further submitted that the prosecution allegedly recovered counterfeit currency notes from applicant and another accused namely Vishal Chandel i.e. accused No.10 and there is no evidence that the packet sent to Security Press for verification contained the fake currency notes allegedly recovered from the applicant or allegedly recovered from accused No.10 Vishal Chandel and, therefore, it is submitted that the report of Security Press in that respect at Exh. 240 is of no consequence. The learned counsel for the applicant also submitted that the judgment and order passed by learned Additional Sessions Judge, Ahmednagar is based upon the surmises and inferences and there is no incriminating evidence against the applicant herein to fasten the liability under Section 489-A of the Indian Penal Code against him. 6. Shri Kaldate, learned A.P.P. vehemently opposed the present application and submitted that on receipt of secret information, raid was effected at the house of applicant/accused 4 No.1 and he was found counterfeiting the currency notes at the time of said raid and the articles, gadgets and equipments used for counterfeiting the currency notes were seized under the panchanama at Exh. 146. It is further submitted that in all 38 articles, equipments and gadgets were seized under the panchanama which is proved through panch P.W.2 Dattatraya. 7. The learned A.P.P. further submitted that it has come in evidence that applicant/ accused No.1 purchased the stamp papers used for fake currency notes from P.W.18 i.e. Sanjay, i.e. stamp vendor, on 16.3.2006 and 17.3.2006 in the name of Samta Mahila Bachat Gat, which amounts to incriminating evidence against the applicant herein. 8. Learned A.P.P. further submitted that, after assessing the entire evidence on record, it can be seen that there was criminal conspiracy amongst the accused persons since the fake currency notes were prepared and they were circulated in the market by the accused persons and some of which were recovered during the course of investigation and were sent to Security Press for verification and the report of Security Press at Exh. 240 is adverse to the accused persons. Accordingly, the learned A.P.P. submitted that the present bail application bears no substance and same is devoid of any merits and, therefore, same be rejected. 5 9. The record and proceedings was made available which was perused by us. We have also perused the oral and documentary evidence adduced and produced by the prosecution as well as perused the statement of applicant/ accused No.1 under Section 313 of the Code of Criminal Procedure. We gave anxious consideration to the submissions advanced by the learned counsel for the parties and considering the rival submissions and also considering the raid, seizure of counterfeit currency notes, and more particularly, the report of Security Press at Exh. 240, which reflects that the notes sent to the Security Press for assessment and verification were counterfeit notes, prima facie, we find that there is evidence against the applicant/ accused No.1 herein. Hence, we are not inclined to release the applicant on bail and hence, present application stands rejected. 10. At this stage, learned counsel for the applicant prays that hearing of the appeal may be expedited. Hence, hearing of the appeal is expedited. (SHRIHARI P. DAVARE, J.) (NARESH H. PATIL, J.) fmp/cri1275.09