1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.140/2011 (Mohd. Alarm Sk. Mohd. Helu Sheikh .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.R. Vyas, Advocate for applicant, Mr. A.S. Sonare, APP for non-applicant/State. .......... CORAM : P.D. KODE, J. DATED : MARCH 23, 2011 Heard. Though prayer for bail made by the applicant charge sheeted by Wardha City Police Station, as a result of investigation of Crime No.400/2010, registered for offence under Section 489-B of IPC, upon the report lodged by shopkeeper Shri Mahendra Nandurkar, regarding an incident which had taken place in his shop on 25.8.2010, in which the applicant is said to have used said Rs.500/- currency note for the purposes of purchasing a tiffin-box, is objected by the learned APP on the count of involvement of applicant in commission of such offence being borne from the material collected from the charge sheet, the currency note seized being found to be fake, the applicant being caught on the spot, till the same will deserve consideration, as rightly 2 pointed out by the learned counsel for the applicant that main prosecution case of applicant having used the currency note by handing over it to the first informant in shop being prima facie contradicted by prosecution document of the note being seized from the applicant and not from the shopkeeper and the charge sheet not containing any other material explaining the relevant facet. Apart from aforesaid, the same deserves consideration, as beyond the allegation of applicant possessing such a currency note and/or having used it allegedly, as stated by first informant, hardly there exists any material prima facie denoting that the applicant was also in possession of any other fake currency note. Having regard to such character of prosecution evidence and the offence alleged being not exclusively punishable with imprisonment for life, the prayer for bail will deserve consideration. However, having due regard to the gravity of accusation, it will be necessary to impose strict conditions. The applicant is directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.50,000/- with two separate solvent sureties in the like amount and subject to the conditions that applicant - (i) after his release on bail, shall stay within the area of Wardha City Police Station, shall intimate his address to the investigating officer, shall not change the same without the permission of the trial Court and shall also attend the investigating officer in between 11 am 3 and 1 pm every day for a period of 15 days and, thereafter, on every alternate day for next 15 days and, thereafter, on every Monday, until further orders; (ii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity of hampering the progress of the trial; (iii) shall not commit any offence while on bail. The application stands disposed of. JUDGE Gulande