1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 857 OF 2009 Mr. Sanjay Bhaurao Deshmukh .... Applicant. V/s State of Maharashtra ..... Respondent. Mr. H.C. Hali with Mr. V. Gadakh for the applicant. Mr. S.S. Pednekar, APP for the State. CORAM : V.M. KANADE, J. DATE : 20th March, 2009 P.C:- 1. Heard the learned Counsel appearing on behalf of the applicant and the learned APP appearing on behalf of the State. 2. Applicant has been arrested in connection with with offence punishable under section 489(A), (B), (C) and 34 of the Indian Penal Code on 11/09/2008. Charge-sheet already has been filed. 3. Prosecution case is that on the basis of reliable information which was received by the Police, the present applicant alongwith two others were arrested in the market and 1000 counterfeit currency notes which were in their possession were seized. 2 4. Counsel for the applicant submits that there is no material on record to indicate that the said notes were manufactured by the present applicant and, therefore, provisions of section 489(A) were not attracted in the present case. He also submitted that even the provisions of sub-clause (B) of the section 489 were not attracted since there is no material on record to indicate that the applicant had purchased the said currency notes or was selling the said currency notes or used the said currency notes. He submitted that so far as clause (C) of section 489 is concerned, the said offence is a bailable offence. He further submitted that one other accused viz. Gulab Nehere has been released on bail by the Sessions Court by order dated 22/12/2008. Applicant, therefore, is also seeking bail on the ground of parity. 5. The learned APP appearing on behalf of the State invited my attention to the FIR and submitted that three accused were moving in a suspicious manner and, at that time, they were arrested. It is submitted that it was obvious that the said applicant was in possession of those notes for the purpose of using them as real notes. 6. In the present case, one of the co-accused has been released on bail by the Sessions Court. Charge-sheet already has been filed. Prima facie, there is no material on record to indicate that the provisions of section 489(A) and (B) are attracted in the present case. Under these 3 circumstances and also on the ground of parity, the applicant deserves to be released on bail, subject to certain conditions being imposed. 7. Applicant be released on bail in C.R. No.183/2008 in the sum of Rs 10,000/- with one or two sureties in the like amount. One of the sureties shall be a local surety. Applicant shall report to the concerned Police Station twice in a month initially for a period of six months and, thereafter, once in a month till the conclusion of the trial. Applicant shall give his residential address in Pune before his release. 8. Application is disposed of in the above terms. (V.M. KANADE, J.)