1 Appa 590-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.590 OF 2011 IN CRIMINAL APPEAL NO.21 OF 2011 Jabbar Hisab Shaikh ..Applicant V/s. The State of Maharashtra ..Respondent Mr.Neville D. Deboo i/b. Mr.Abhay B. Bhoir, Advocate, for the Applicant Mrs.M.M.Deshmukh, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 25TH JULY, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for bail by the convict, who has been convicted for being found to have been in possession of 40 fake currency notes of denomination of Rs.1000/-. The learned Counsel for the applicant submitted first that there was no evidence to 2 Appa 590-2011 show that the applicant knew the notes to be fake and that the learned Judge was not justified in requiring the accused to show the source from he got those notes. He next submitted that the independent witness examined was not sure as to the place where the applicant was caught, namely near hotel or near tea stall or near betel leaf stall. He also submitted that the witness had no business to be there. According to the learned Counsel for the applicant, API Kadam, who was leading the raiding party has not been examined. First, since the notes came from the possession of the applicant, the question as to whether the applicant was required to furnish any explanation about their possession would have to be decided only while hearing the appeal finally. As to the contention about presence of independent witness, a hotel or tea stall or betel leaf stall need not be imagined to be away from each other and therefore, there is no discrepancy. As to the 3 Appa 590-2011 non-examination of API Kadam suffice it to observe that Kadam had formed two teams. The applicant was apprehended by other team in which Kadam was not present. Therefore, non- examination of Kadam does not help the applicant at this stage. Hence, considering the nature of offence & sentence imposed, bail application stands rejected. (R.C.CHAVAN, J.)