IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 497 OF 2009 CRIMINAL APPLICATION NO. 497 OF 2009 CRIMINAL APPLICATION NO. 497 OF 2009 Rameshwar Ayodhya Saw ...Applicant/ Orig.Accused No.3 vs. The State of Maharashtra ...Respondent Mr.S.R. Chitnis, Sr.Counsel i/b. Mr.Khan Abdul Wahab for the Applicant. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : MARCH 25, 2009 DATED : MARCH 25, 2009 DATED : MARCH 25, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. This is an application for bail. The applicant was arrested in connection with an offence vide C.R.No.95/2008 for the offence punishable under Section 489(B) and (C) of the IPC. A complaint was filed against one Kailash Sitaram Sharma and thereafter, investigation commenced. On 23rd March, 2008, the applicant - original accused no.3 was arrested from Kolkata with one more co-accused. This was possibly as a result of voluntary disclosure made by the earlier - 2 - arrested accused from Bombay. 3. Counsel for the applicant submits that though counterfeit notes have been found on the person of the applicant, there is no material on record to establish the fact that the applicant was aware of these notes were counterfeit notes. Secondly, there was no material to show that the applicant had used these notes as genuine notes though he was aware that they are fake currency notes. It was submitted that therefore, mere possession of counterfeit currency notes is contrary to the provisions of Section 489(B). So far as Section 489(C) is concerned, it is a bailable offence. 4. The learned APP submitted that the present applicant was arrested on account of information given by the original accused and after his arrest, counterfeit currency notes were found in his custody. 5. It appears that there is no material on record to indicate that this applicant had used the notes which were found with him and therefore, it does appear that - 3 - there is no material to indicate that the provisions of Section 489(B) are attracted. This being the position, the applicant is entitled to be released on bail subject to certain conditions being imposed on him. The applicant though he is a permanent resident of Kolkata, it is submitted that the applicant has residence in Mumbai also. It is submitted that the applicant shall give his new residential address in Mumbai before he is released. 6. The applicant, under the circumstances, be released on bail 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. The applicant shall give his new residential address in Mumbai before his release. He shall report to the concerned police station once in a week pending the hearing and final disposal of the trial. If any material is found that the applicant is involved in similar offences after he is released on bail, liberty is granted to the prosecution to apply for cancellation. - 4 - 7. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)