1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2969 OF 2010 1. Chandrakant S/o.Mariappa Ittangi, Age-19 years, Occu-Business, R/o.Ambedkar Circle, Bhagyanagar, Kopal, Tq. and Dist. Kopal (Karnataka) 2. Anand S/o. Parshuram Meghraj, Age-19 years, Occu-Business, R/o.Bhagyanagar, Gandhi Circle, Kopal, Tq. and Dist. Kopal APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mrs.S.S.Jadhav, learned counsel for applicants. Mr.P.P.More, learned APP for State WITH CRIMINAL APPLICATION NO.3016 OF 2010 Venkatraman Ttimappa Tattalkote, Age-28 years, Occu-Labour, R/o.Janta Quarter, Kurgodh Road, Bellari, Taluka and Dist. Bellari, Karnataka. APPLICANT VERSUS 1. The State of Maharashtra, Through its Home Department, 2. Shirdi Police Station, At Shirdi, Taluka Rahata, Dist. Ahmednagar RESPONDENTS Mr.S.D.Kulkarni, learned counsel for applicant. Mr.P.P.More, learned APP for State 2 CORAM : A.V.POTDAR, J. DATE : 04/08/2010 PER COURT : 1. By both these applications, the applicants have prayed this Court for their release in connection with CR No.20/2010, registered in Shirdi Police Station, in which the applicants came to be arrested on 02/02/2010, and after completion of investigation, charge sheet was filed in the Court of J.M.F.C. Rahata on 30/04/2010. 2. All these applicants are found in possession of fake currency notes. First applicant in the first application was found in possession of one currency note of Rs.1,000/-, while the second applicant was found in possession of 2 currency notes of Rs.1,000/-, while the applicant in the second application was found in possession of two fake currency notes of Rs.1,000/- and one note of Rs.500/. 3. All these 3 applicants are R/o.Karnataka. They were travelled in the jeep to visit Shirdi. They started from Bellari on 27/01/2010. On their way, they stayed for one night at Pune in the night of 30/01/2010. Initially, these applicants in the first applicant and two persons Devraj and Ishwar came to Pune where they joined with the applicant in the second applicant and one Mulani. The said Mulani who is not before this Court, offered certain currency notes as these applicants informed him that they have no sufficient cash with them 3 to offer offerings in the temple of Saibaba. At Shirdi, it is contended that they were standing in different que, but not donated the currency notes in the donation box. The vehicle in which they were travelling was intercepted by Shirdi Police on 02/02/2010 and at that time, during their search, these currency notes were found. 4. Papers of investigation revealed that the place where they were stayed in Pune, is of one Noorjahan where this Noorjahan Mulani was preparing the counterfeit notes and with the help of Mulani, who is arrested as found present in the jeep which was intercepted circulating those notes. 5. This application require to be considered on the point that whether these applicants are member of that racket, who was circulating the fake currency notes, prepared in the flat of Noorjahan Mulani at Pune. Papers of investigation discloses and as pointed out by learned APP from the statement of driver of the vehicle that applicant in the first application Devraj and Ishwar travelled from Bellari to Pune and from Pune to Shirdi and on their way back, the vehicle was intercepted. Hault was taken at Pune at the request of Deoraj. Papers of investigation do not disclose that these applicants in both the applications have any control over the flat where the illegal activities of preparation of fake currency notes was in progress. To attract Section 489(C) of The IPC, possession of the fake currency note with intention is the basic ingredient. Considering the overall effect of the investigation, whether these applicants are having 4 knowledge of the GC notes found in their possession or not, it is a debatable question. Considering the age of the applicants, whether it is essential to detain them behind bars for uncertain period, it is also a debatable question. Learned APP oppose the bail application on the ground that these offenders are R/o.Karnataka, and if released on bail, they will not be available for trial. It is his second apprehension that these applicants are indulged in the economical offence and if released on bail, possibility can not be rulled out that they may repeat the offence again. Considering the age of the applicants, they can be enlarged on bail, but on certain conditions : O R D E R 1. Both the applications are hereby allowed. 2. All the applicants be released on bail on furnishing solvent local surety in the sum of Rs.50,000/- each and on executing PR bond in the like amount. After released on bail, applicants not to leave the local jurisdiction of Shirdi Police Station till final disposal of trial against them. 3. Applicants to report Shirdi Police Station twice a month on each 15th and 25th day till final disposal of trial. In violation of either of the condition, prosecution to apply for cancellation of bail u/s. 439(2) of Cr.P.C. 4. Applications stand disposed of accordingly. (A.V.POTDAR, J.) khs/AUG 2010/cri.appl.2969-10