1 APPLN 3658OF2010.sxw vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3658 OF 2010. Mohammad Gulam Mustafa @ Mohammad Fazle Rauf .. Applicants -versus The State of Maharashtra .. Respondent. Mr. Nitin Pradhan with Mrs S.D. Khot. for the Applicant. Mr. V.R. Bhosale, APP for the State. CORAM: R.C. CHAVAN, J. DATED: 30th August, 2010 P.C. 1. This is an application filed by the applicant-accused who was found in possession of 76 counterfeit currency notes of denomination of Rs.500/- each and 166 counterfeit currency notes of denomination of Rs.l000/- on l6.1.2010. Investigation is over and the chargesheet has been filed which shows that on receiving information the police laid a trap and caught the applicant and others who were in possession of counter fit currency notes, which were seized. 2. The learned counsel for the applicant points out that for making out offence punishable u/s 489-B of the Indian Penal Code, the prosecution has to see that the accused used or bought or 2 APPLN 3658OF2010.sxw received from another person or otherwise trafficked in or used as genuine forged or counterfeit currency notes. In this case according to learned counsel for the applicant, the notes were only found in possession of the applicant. The learned Additional Public Prosecutor states that the applicant was intending to use them and therefore, provisions u/s 489-B are also attracted. 3. There appears nothing to show that there was any such intended use made by the applicant. In view of this, application is allowed. 4. The applicant be released on bail on his furnishing PR bond of in the sum of Rs.50,000/- with one or more solvent sureties in the aggregate amount, but certainly not cash surety, on the condition that the applicant shall report at Nallasopara Police Station every Sunday between 10.00 am to 1.00 pm, till the trial is over. (R. C. CHAVAN, J.)