1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1554 OF 2010 Shaikh Khawaja s/o Shaikh Lal ...Applicant VERSUS The State of Maharashtra ...Respondent ..... Smt. S.G.Chincholkar, advocate for the applicant Shri P.P.More, A.P.P. for the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 28th April, 2010 PER COURT : 1 Heard Smt. S.G.Chincholkar, advocate for the applicant and Shri P.P.More, A.P.P. for the respondent. 2 This is an application preferred by the applicant seeking bail in connection with C.R. No. 29 of 2010, registered at Hadgaon police station, District Nanded, for the offence punishable under Section 489B of the Indian Penal Code, since the applicant was arrested thereunder on 24.3.2010 and is under judicial 2 custody presently. 3 It appears that the offence has been registered on the complaint of Tukaram Vishwanath Bhalerao. on 24.3.2010, who was on duty as a cashier at Tol Naka at Hadgaon, along with other co-accused. It is alleged that at this juncture, one truck came to the said Tol Naka, driven by the applicant herein, who handed over currency note of Rs.500/0 towards payment of Tol amount. However, the complainant suspected about the genuineness of the said currency note and he consulted with his friend and both suspected about it. Therefore, they contacted police personnel and police arrived there and they also suspected about the said currency note. Hence, applicant was brought to the police station with the currency note. The police personnel got the said currency note checked from the State Bank of Hyderabad and it was found as counterfeit currency note and not genuine one. Hence, applicant came to be arrested on the same day for circulation of counterfeit currency note. 4 Learned counsel for the applicant pointed out from the reply filed by the respondent before the learned Sessions Judge in the application preferred by the application before the said Court for bail that investigation was made in respect of the said counterfeit currency note and it was revealed that the applicant, who was driver on the truck in question, is said to have taken an amount of Rs. 3,000/- from the owner namely Shakil and out of that he took change amount of Rs. 1,000/-, two currency notes of Rs.500/- from Mijajbi Abdul Salim, and therefore, inquiry was made with the landlord and she stated that the said currency notes were withdrawn by her son Imran Shaikh Salim on 16.3.2010 at 11.00 a.m. from the ATM Booth of Axis Bank, since her account was in I.D.B.I. Bank at Yeotmal Branch. 3 5 It appears that only one counterfeit currency note of denomination of Rs.500/- was found from the possession of the applicant while circulating it at Tol Naka and the police personnel have carried out the investigation in that respect as afore said. 6 Apparently, it cannot be said that the applicant was aware that said currency note of Rs.500/- was counterfeit currency note, which he handed over at Tol Naka. Moreover, the applicant is in custody since last more than one month, and therefore, investigation has been almost completed and there is no propriety in keeping the applicant in custody further more, and therefore, he is entitled to be enlarged on bail. 7 In the result, present application is allowed and it is directed that the applicant be released in connection with CR No. 29 of 2010, registered at Hadgaon police station, District Nanded, on furnishing surety in the sum of Rs. 15,000/- and on executing P.R. bond in the like amount, on the following conditions :- (i) The applicant shall attend the concerned police station twice in a week i.e. on every Monday and Friday between 5.00 p.m. to 7.00 p.m. , till charge sheet is filed and shall cooperate in the investigation. (ii) The applicant shall not tamper with the evidence and/or influence upon the witnesses directly or indirectly. 4 8 The above observations are prima facie observations and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. (SHRIHARI P. DAVARE), JUDGE. dbm/crap1554.10