IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : August 13, 2009. Criminal Misc. No. M-9125 of 2009 (O/M). Ram Parshad alias Pardeep s/o Shri Om Pakash, resident of Saraswati Vihar, Gali No. 3, Garhi Brahaman, Sonepat, Police Station, Sector-23, Sonepat. (Now confined in District Jail Kurukshetra). .... Petitioner. Versus. State of Haryana. .... Respondent . Criminal Misc. No. M-15923 of 2009 (O/M). Rakesh Kumar @ Dev s/o Chiranji Lal, r/o House No. G-1558 Jahangir Puri, New Delhi. (Now confined in District Jail Kurukshetra). .... Petitioner. Versus. State of Haryana. .... Respondent . Criminal Misc. No. M-15924 of 2009 (O/M). Om Parkash son of Piru Ram, resident of Village Bir Badalwa, Police Station Butana, District Karnal. (Now confined in District Jail Kurukshetra). .... Petitioner. Versus. State of Haryana. .... Respondent . CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Ravinder Malik Ravi, Advocate, for the petitioner. (in Crl. Misc. No. M-9125 of 2009). Mr. U.K. Agnihotri, Advocate, for the petitioners. (in Crl. Misc. Nos. M-15923 of 2009 and M-15924 of 2009). Mr. Yash Pal Malik, A.A.G. Haryana, for the respondent-State. Criminal Misc. Nos. M-9125, 15923 and 15924 of 2009. AUGUSTINE GEORGE MASIH, J. (ORAL). By this order, I propose to dispose of Crl. Misc. No. M-9125 of 2009 Ram Parshad Versus State of Haryana, Crl. Misc. No. M-15923 of 2009 Rakesh Kumar Versus State of Haryana, and Crl. Misc. No. M-15924 of 2009 Om Parkash Versus State of Haryana. The allegations in the abovementioned cases are that the petitioners are alleged to have been involved in the business of counterfeiting currency notes using the same as genuine, while circulating these duplicate notes amongst people and they are cheating and causing financial loss to the Government exchequer. It is the contention of counsel for the petitioner that all the petitioners, in these three petitions, were arrested on 09.11.2008 and Rs. One lakh from Ram Parshad and Rs. 2 lakhs each from Om Parkash and Rakesh were recovered by the police. He contends that the challan was presented and the charge was framed on 19.02.2009, but till date no F.S.L. Report has been placed on record nor has it been received by the prosecution, which would prove whether the said currency notes were genuine or counterfeited. He on this basis submitted that the petitioners in all the three petitions are already in custody since more than nine months and out of 17 witnesses, only 3 witnesses have been examined till date by the Trial Court. He, therefore, contends that the petitioners in all the three petitions are being incarcerated without there being any evidence as of now, which would prove that the currency notes, which have been recovered from the petitioners, are genuine, fake, or duplicate notes as has been alleged in the F.I.R. -2- Criminal Misc. Nos. M-9125, 15923 and 15924 of 2009. On the other hand counsel for the State does not dispute the contention as has been raised by counsel for the petitioner with regard to F.S.L. Report and only three witnesses out of seventeen witnesses have been examined till date before the Trial Court. He further submits that the next date fixed before the Trial Court is 23.09.2009 and crime against the State has been committed by the petitioners, which would effect the economy of the country as a whole, where counterfeited, fake, and duplicate notes are being circulated amongst the public by such like persons. I have heard counsel for the parties and have gone through the records of the case. The contention as raised by counsel for the State as of now does not hold the field for the fact that the report of F.S.L. has not been received till date, which would establish as to whether the currency notes, which have been recovered from the petitioners are genuine, fake, or duplicate. That being so and in view of the fact that the petitioners are in custody since more than nine months and out of 17 witnesses, only 3 witnesses have been examined, which means that the trial is not likely to conclude soon. Keeping all these circumstances into notice, all the three petitions are allowed. The petitioners are directed to be released on bail to the satisfaction of the Trial Court. (AUGUSTINE GEORGE MASIH) JUDGE August 13,2009. sjks. -3-