1 Appln 3055-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3055 OF 2010 Mohammad Arshad Mohammad Asgar ..Applicant Qureshi V/s. The State of Maharashtra ..Respondent Ms Anjali Patil, Advocate, for the Applicant Mrs.Geeta Mulyekar, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 23RD AUGUST, 2010 P.C. . The Applicant, who has been arrested and charge sheeted for the commission of offence punishable under Sections 489(b) & (c) read with 34 & 120(B) of the Indian Penal Code, claims bail on the ground of parity since two other accused are bailed out by the Sessions Court. 2. The Applicant and two other accused persons were apprehended by the police on 19th 2 Appln 3055-10 August, 2009 when they were coming in Auto Rickshaw. Each of them was found to be in possession of fake currency notes of denomination of Rs.100/-. The Court of Sessions admitted two other accused persons to bail while it rejected Bail Application of the present Applicant. The learned Counsel for the Applicant submits that since two other accused persons have been admitted to bail, there is no reason to deny bail to the present Applicant, who is similarly situated, since the prosecution has not questioned the grant of bail to other two accused persons. 3. The learned APP points out that apart from being found in possession of fake currency notes, Applicant had also circulated the said notes by having given one of it to the Auto Rickshaw driver, who returned back to the spot after dropping the three persons near the corner of Juhu Bus Depot, on seeing them being apprehended by police. The fake 3 Appln 3055-10 currency note of denomination of Rs.100/- was seized by police from the Auto Rickshaw driver. The learned Counsel for the Applicant submits that the Applicant has not been identified by the Rickshaw driver at any test identification parade. Therefore, statement of the Rickshaw driver is suspicious. Apart from the fact this can be got done at the trial, auto Rickshaw driver had returned to the spot & handed over fake currency note of denomination of Rs.100/- to the police and identified the three persons then and there. Therefore, the distinction which the learned APP seeks to make is valid and hence, denial of bail to Applicant was proper. The Applicant is involved in serious offence of circulating fake currency notes. Since charge sheet has already been filed, the learned Trial Judge would expedite the trial considering the fact that the Applicant is in jail for almost one year. 4 Appln 3055-10 4. Criminal Application is rejected. (R.C.CHAVAN, J.)