1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1297 OF 2008 IN CRIMINAL APPEAL NO.1206 OF 2008 1. Fazal Ahmed Allarakha Madhia 2. Riyaz Dawood Kashmiri @ Raju 3. Sajid Abdul Karim Jethwa ..... Applicants. Vs State of Maharashtra ..... Respondent. ---- Mr. K.M. Sangani for the applicants. Mr. S.S. Pednekar, APP for the State. ----- CORAM: V.M. KANADE, J. DATE : 25th November, 2008 P.C.: 1. Heard the learned Counsel for the applicants and the learned APP for the State. 2. Applicants are convicted under section 489-C read with section 34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for five years. Applicants were in jail during trial and, later on, they were released on bail. 2 3. Counsel appearing on behalf of the applicants submits that one panch witness who had witnessed the seizure of the counterfeit notes had turned hostile and the other panch witness was not examined. It is submitted that, therefore, the seizure of the counterfeit currency from the applicants had not been established by examining any independent witness. He further submitted that, thereafter, when these counterfeit notes were shown to the expert who was brought from the Reserve Bank of India, at that time also no panchanama was prepared after unsealing the sealed notes. He further submitted that the applicants were, in fact, arrested on 15/08/1999 and that, later on, they were shown to be arrested on subsequent date. He further submitted that an information was received by the police that three persons were carrying counterfeit currency and that they would be found at New Kazi Street near Zamcam Hotel, Pydhonie, Mumbai. He submitted that it is improbable that police officers would locate these applicants only on the basis of the first names which were given to the police officers. 4. Though applicants have been sentenced to suffer rigorous imprisonment for five years, the offence under which they have been sentenced is a bailable offence. Applicants, therefore, be released on bail in the sum of Rs 5000/- each with one or two sureties in the like amount. Applicants, however, shall report to D.C.B, Crime Branch, Mumbai once in a month. The cash bail given by the applicants to continue for a period of 15 days and, thereafter, they shall furnish surety as stated hereinabove. 3 5. Application is disposed of. (V.M. KANADE, J.)