( 1 ) cria4937.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4937 OF 2011 1. Sk. Akbar s/o. Gulam Nabi Qureshi .. Applicants Age. 45 years, Occ. Driver, R/o. Main Road, Paldhi, Tq. Dharangaon, Dist. Jalgaon. 2. Shaikh Aslam s/o. Shaikh Ishaq, Age 38 years, Occ. Nil, R/o. House No. 129, Qureshi Mohella, Tq. Malegaon, Dist. Nasik. 3. Nihal Ahmed s/o. Ilyas Khan, Age 40 years, Occ. Nil, R/o. House No. 370, Kamalpura, Tq. Malegaon, Dist. Nasik. Versus 1. The State of Maharashtra .. Respondent Mr. M.B.W. Khan, Advocate for the applicants. Mr. B.V. Wagh, A.P.P. for respondent/State. CORAM : R.Y. GANOO, J. DATED : 02.12.2011 P.C. :- 1. The applicants are arrested in connection with C.R. No. 145 of 2011 registered with Jawahar Nagar Police Station for the offences punishable under Section 489 (B) ( 2 ) cria4937.11 and 489 (C) of the I.P.C. Heard learned advocates on both sides. On the basis of record which is before the Court as well as police papers, it is noticed that one Mr. Syed had borrowed loan from India Bulls Pvt. Ltd. to purchase a truck. While said loan was outstanding, Syed agreed to sell the truck to Mr. Nihal – applicant No.3. Said Nihal had paid initially some amount and ultimately by way of loan amount he had paid Rs. 2,02,090/-. Since said Syed had borrowed loan, he wanted to clear all the sum. Therefore, said Nihal and Syed went to India Bulls Pvt. Ltd. and deposited sum of Rs. 2,02,090/-. Thereafter, India Bulls Pvt. Ltd. had handed over said amount to their cash handlers M/s. Securitrans India Pvt. Ltd. Mr. Vedpathak of India Bulls Pvt. Ltd. as well as Mr. Lahane visited ICICI Bank to deposit cash which they had with them. It is noticed that said Mr. Vedpathak had deposited the sum of Rs. 2,22,000/- from the cash then held by India bulls Pvt. Ltd. and when said cash was deposited with ICICI Bank, cashier reported that 18 notes ( 3 ) cria4937.11 of Rs.1000/- out of sum of Rs. 2,22,000/- are counter- feat notes. These notes were taken charge of. Crime was registered under C.R. No. I-145 of 2011 with Jawahar Nagar Police Station, Dist. Aurangabad. Subsequently, Mr. Vedpathak as well as Mr. Lahane are released on bail. 2. Applicant No.2 is a person who had gone along with Syed to India Bulls Pvt. Ltd. while depositing amount of Rs. 2 lakhs and odd. On the next date message came to be received that some notes were torn and therefore they should be replaced. Applicant No.1 had gone to handover India Bulls Pvt. Ltd. the notes in good condition. In substance, it appears that applicant Nos. 1 to 3 had handed over some notes. It may be that as per the opinion of ICICI Bank, 18 notes each of Rs.1000/- are counter-feit. Even if it is accepted for a moment that all three applicants or any of them them was concerned in handing over those notes, the investigation which is conducted as of today does not make make out a case to ( 4 ) cria4937.11 show that any of the applicant knew or had reason to believe that said 18 notes were counter-feit. If this is the record, surely present applicants would be entitled to bail. For the reasons mentioned aforesaid, following order is passed. 3. The application for bail is granted. Each of the applicant be released on bail in connection with C.R. No.145 of 2011 of Jawahar Nagar Police Station, Dist. Aurangabad, in sum of Rs. 15,000/- (Rupees Fifteen Thousand) with one surety in like amount. Each of the applicant shall furnish P.R. Bond in sum of Rs. 15,000/- (Rupees Fifteen Thousand). Each of the applicant shall report to the concerned police station on every 2nd and 4th Saturday between 11.00 a.m. to 4.00 p.m. till filing of the charge-sheet. [R.Y. GANOO, J.] snk/2011/DEC11/cria4937.11