1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.371 OF 2010 Sayed Muniroddin @ Babbu S/o.Syed Mutiyoddin Chisti, Age-25 years, Occu- , R/o.Phulambri, Dist. Aurangabad APPLICANT VERSUS The State of Maharashtra, RESPONDENT Mr.N.S.Ghanekar, learned counsel for applicant. Mr.N.B.Patil, learned APP for respondent State. WITH CRIMINAL APPLICATION NO.380 OF 2010 Sayyed Nawaz S/o.Sayyed Shaukat, Age-28 years, Occu-Business, R/o.Katkat Gate, Aurangabad APPLICANT VERSUS The State of Maharashtra, RESPONDENT Mr.J.V.Deshpande, learned counsel for applicant. Mr.N.B.Patil, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 03/03/2010 PER COURT : 1. By the present applications, the applicants have approached 2 this Court for their release on bail in connection with CR No. 132/2009, registered in Sillod Police Station for the alleged offence u/s. 489-B of IPC. 2. Heard learned counsel for applicants in both the applications, and learned APP for State. Perused the papers of investigation till carried out. 3. Perusal of the papers of investigation revealed that the said offence came to be registered on the complaint of one Pramod Nivrutti, who is working as a Manager with Hira Agro Agency, which is dealing in sale of agricultural instruments. It appears from the contents of the complaint that applicant in Cri.Appl.No.371/10 have booked one Dynamo of 24 K.V. Kirloskar Company about one and half months back prior to 06/12/2009 and paid Rs.2,000/- as an earnest money against the purchase of said Dynamo. It further appears that the transaction was completed on 06/12/2009 as on that day, the applicant in Cri.Appl. 371/10 paid the balance amount in the sum of Rs.45,918/- in cash including currency notes of Rs. 1000/-, 500/- and Rs.20/- While verifying those GC notes by the owner of the shop Sudhakar Patil on 07/12/2009, he noticed that out of the said cash received from the applicant, 32 GC notes of Rs. 500/- appears to be fake. Hence he contacted the applicant and informed about the counterfeit currency notes and requested to change those notes. Inspite of assurance given by the applicant that he will exchange those currency notes, he failed to exchange those 3 notes till 18/12/2009, hence the offence came to be registered against the applicant. 4. Under the arrest panchnama dated 19/12/2009, the applicant in Cri.Appl.371/10 was shown as arrested on 18/12/2009. During the interrogation of this applicant, it revealed that he is doing business of saw-mill and having regular transactions with Hira Agency. He has some deal with the applicant in Cri.Appl.380/10 and sold some furniture to that applicant about 2 months back and for that transaction, cash amount was received from the applicant in Cri.Appl.380/10 which consists the GC notes, which in turn he paid to Hira Agency for the consideration amount of Dynamo. So, the applicant in Cri.Appl.No.380/10 was arrested on 19/12/2009 and since then both the applicants are in custody. 4. During the investigation, house/residential premises of both the applicants were searched, but nothing incriminating was found. The business relations of both these applicants were not disputed during the investigation but nothing incriminating material was recovered at the instance of these applicants. In substance, no material connecting knowledge of use of counterfeit notes was collected at the instance of these applicants. According to respective counsels for applicants, as the investigation is practically over, and these applicants are behind bars for more than 60 days, and these currency notes were used by them without having the knowledge of it, hence prayed for release of applicants on bail. 4 5. While opposing the bail application, it is urged on behalf of the prosecution by learned APP that this is a serious economical offence indulging the economy of the State as well as of the nation, as racket of use of counterfeit notes can not be rulled out. Considering these submissions, instructions were given to learned APP to call for the case diary about the investigation in this case, and about the progress in investigation after the arrest of these accused. Today the case diary alongwith report of investigation officer is placed before this Court. After going through the case diary, as well as the report of investigation officer, other than the words that still investigation is in progress, but what incriminating material was recovered at the instance of these applicants to show that these applicants are having knowledge about the counterfeit currency notes used by the applicant for payment to the Hira Agency, is absemt. 6. Considering these submissions across the bar, even though nobody can dispute that the offence in which the applicants are involved is a serious offence about the economy of the State, but at the same time, to constitute an offence u/s. 489(B) of The IPC, the main ingredient is to use the counterfeit notes having knowledge about it. In absence of this knowledge, it can not be said that the applicants are having knowledge about the counterfeit currency notes. Considering this aspect of the case and the stage of investigation, even though for considerable period, the applicants are in custody, nothing is on record to show that the applicants have knowledge that the GC notes used by them are fake, and inspite of 5 this knowledge, they have used it. Hence the case is made out to enlarge the applicants on bail on certain conditions. Hence the order. O R D E R 1. Both the applications are allowed. 2. Applicants in both the applications be released on bail on furnishing solvent surety in the sum of Rs.25,000/- each and on executing the PR bond in the like amount. 3. After released on bail, applicants to give attendance to the Investigation Officer in CR NO.132/2009, registered in Sillod Police Station, once in a week, i.e. on every Saturday, in between 3 to 5 p.m. till filing of the charge sheet. 4. Both the applications stand disposed of accordingly. (A.V.POTDAR, J.) khs/MAR 2010/cri.appl.371-10