1 Cr.Appln.3219.2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3219 OF 2010 Muneer Alias Fhekumiya S/o Alam Sukhimiya ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. S.G. Jadhavar, advocate for applicant. Mrs. S.D. Shelke, A.P.P. for respondent-State. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 8th September, 2010. PER COURT : 1. This is an application for bail under Section 439 of the Criminal Procedure Code. 2. The applicant was found in possession of 79 counterfeit currency notes of Rs.500/- denomination. He has been charge sheeted along with other accused for the offence under Sections 120(B), 489(A, B & C) and 420 of the Indian Penal Code. 3. The learned Advocate appearing for the applicant would submit that co-accused Virendrasinh Rajput is released in Criminal Application No.1338/2010, and therefore, on basis of parity, the present applicant may be granted same relief. He would submit that 2 Cr.Appln.3219.2010 the trial for the above offences is not yet commenced, though the applicant is in jail since about three years. 4. What appears from the record is that co-accused- Virendrasinh Rajput is released on bail by the Co-ordinate Bench (Shri.A.V. Potdar, J) mainly for the reason that he found in possession of single counterfeit currency note of Rs.500/- denomination, and there was no incriminating evidence found against him. The observations in that order dated 18th June, 2010 is shown below : "Considering the piece of evidence against the applicant, which is very weak in nature, the applicant deserves to be enlarged on bail, however by imposing certain conditions." 5. Infact such observations can not be used in the context of present application nor they are actually to be utilised for any other purpose. Such observations are required to be overlooked while deciding the matter on merits by the Court of Sessions and they are ignorable for all further purposes. 6. There is prima facie evidence to infer that the applicant was dealing in business of counterfeit currency notes. It is of common knowledge that the counterfeit notes are brought into circulation in order to weaken the economy of the country, and therefore, it is 3 Cr.Appln.3219.2010 heinous crime against the society. In this view of the matter, the application is dismissed. However, the trial Court is directed to take up the hearing of the Sessions Case expeditiously and if any one of the accused is found absent, to take appropriate measures for securing presence of the accused, or separating the case of the said accused by exercising powers under Section 317(2) of the Criminal Procedure Code. The Sessions Court shall make serious endeavour to complete the hearing of the Sessions Case within a period of six months. The learned Sessions Judge shall give report about the progress of the Sessions Case about end of each month to this Court and the reasons as to why the trial is being not pushed ahead for the purpose of effective hearing, if the target can not be achieved within reasonable period. With these observations the application is disposed of. The Trial Court to ignore all the observations made by this Court in the present order as well as in the earlier order in relation to another bail order passed in favour of the co-accused, while deciding the case on merits. (V.R.KINGAONKAR) JUDGE gas/cri3219.10