1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3187 OF 2010 1. Devraj Marappa Nayak, Age-28 years, Occu-Labourer, R/o.Shanti Nagar, Bellari Road, Tal.Raidurgam, Dist.Andupuram, Andhra Pradesh. 2. Basappa Karlingappa, Age-38 years, Occu-Labourer, R/o.Kunchigiri Shirguppa, Tal. and Dist. Bellari Karnataka. APPLICANTS VERSUS The State of Maharashtra and another. RESPONDENTS Mr.S.S.Kulkarni, learned counsel for applicants. Mr.D.V.Tele, learned APP for State WITH CRIMINAL APPLICATION NO.3187 OF 2010 Ishwarprasad S/o.Kumarswami Kurgutti, Age-19 years, Occu-Business, R/o.P.W.D. Quarter No.6, Opposite Rampuri Hospital, Tq. and Dist. Kopal (Karnataka) APPLICANT VERSUS The State of Maharashtra RESPONDENT 2 Mrs.S.S.Jadhav, learned counsel for applicant. Mr.D.V.Tele, learned APP for State CORAM : A.V.POTDAR, J. DATE : 17/08/2010 PER COURT : 1. The applicants in both these applications are accused in CR No.20/2010 and have approached this Court for their release on bail in connection with said CR, registered in Shirdi Police Station of Dist. Ahmednagar, for the alleged offence punishable u/s. 489(a)(c)(d)(e) of IPC in which these applicants were arrested on 02/02/2010. After completion of investigation, charge sheet was filed in the Court of J.M.F.C. Rahata on 30/03/2010. After their attempts became futile, to get released on bail before the Lower Courts, they are before this Court. 2. Heard learned counsel for applicants in both the applications, and learned APP for State. Perused the papers of investigation till carried out. 3. It appears that the said offence came to be registered in Shirdi Police Station on the complaint of one Nawalnath Laxman Tambe, P.I. attached to Shirdi Police Station on 02/02/2010. According to the complaint, on receipt of secret information that some persons travelling in Tavera jeep, Karnataka passing bearing no.KA-34- M-6485, who are coming from Pune to Shirdi, are indulged in the 3 transportation of fake currency notes. This jeep was intercepted on Ahmednagar-Manmad Road and at that time, other than driver, the applicants in both these applications, and other persons namely Vyankatraman, Chandrakant and Anand Parshuram Meghraj who are the applicants in other applications, and they are released on bail vide order of this Court dated 04/08/2010, were found in possession of fake currency notes. During the search of said vehicle, as well as personal search of these applicants, one GC note of Rs.1000/- was found in possession of first applicant in Cri.Appl.No.3187/2010, while 4 GC notes of Rs.1000/- were found in possession of 2nd applicant in Cri.appl.No.3187/2010, one GC note of Rs.1,000/- was found in possession of applicant in Cri.Appl.No.3117/10, which GC notes appeared to be fake currency notes. Under the spot panchnama, the alleged fake currency notes found in possession of these applicants and others were taken in custody under the memorandum panchnama. During the search of the said vehicle, certain machinery and stationery, required for preparation of counterfeit notes was also recovered. Hence they were put under arrest. During the investigation, certain statements of the persons were recorded, where these applicants took hault at Pune during their stay from 30/01/2010 till late hours of 01/02/2010, from where certain machinary required for preparation of counterfeit notes was also seized. Number of other persons were arrested in connection with this CR. It is urged on behalf of the applicants in both the applicants that the applicants in first application are students and r/o. other state, while the applicant in second application is 4 R/o.Kopal. These 3 persons alongwith Vyankatraman, Chandrakant and one Anand Parshuram Meghraj started from Bellari for Shirdi temple. During their stay at Pune, on 30/01/2010 and 31/01/2010, they came in contact with some persons, who offered them certain GC notes to donate at Shirdi temple. While offering the GC notes with them, some were put in the donation box, and some were remained with them, which were recovered from their possession at the time of search. It is also urged that other than the recovery of GC notes from their possession, they are not connected with the business of preparation of fake currency notes, which were prepared in the flat situated at Pune. Papers of investigation also do not reveal that these applicants are frequent visitors to the flat situated at Pune. 4. On these counts, as the other accused in this crime were released on bail vide order dated 04/08/2010, on the ground of parity and on certain conditions, these applicants also entitled for their release on bail. 5. According to learned APP, there is a racket which is running to prepare fake currency notes and put the said fake currency in the market, which is danger to national economy, and if the CR is viewed from that angle, it is not safe to release these applicants on bail. 6. Considering these submissions across the bar and on perusal of papers of investigation, certain facts are clear that these applicants 5 are not R/o.Maharashtra State. It is apparent from the papers of investigation that the applicants are not frequent visitors to Pune. Investigation in this case is over and charge sheet is filed. Considering the fact that these applicants are students, it is not safe to keep them behind bars for uncertain period, hence they are entitled for bail. 7. In the result, both the applications are allowed. All the applicants be released on bail on their furnishing local solvent surety in the sum of Rs.50,000/- each or two solvent sureties of Rs. 25.000/- each and on executing PR bonds in the like amount. After released on bail, applicants to give attendance in Shirdi Police Station on every 15th and 25th day of each month till final disposal of trial against them. During this period, the applicants to furnish their residential address to the Shirdi Police Station and to stay under the control of their parents till final disposal of trial against them. Both the applications stand disposed of accordingly. (A.V.POTDAR, J.) khs/AUG 2010/cri.appl.3187-10