( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3157 OF 2010 Arjun s/o. Pundalik Pawar .. Applicant Age. 45 years, Occ. Service, R/o. Plot No. 2, Gut No. 42/2, Laxman Nagar, Prem Nagar, Jalgaon, District – Jalgaon. Versus The State of Maharashtra & Anr. .. Respondents Mr. K.C. Sant, Advocate for the applicant. Mrs. S.D. Shelke, A.P.P. for the respondents. CORAM : V.R. KINGAONKAR, J. DATED : 27.08.2010 P.C. :- 1. This is an application filed under section 438 of Cr.P.C. 2. The applicant was working as a Clerk in D.C.C. Bank, Jalgaon. He allegedly exchanged currency notes of Rs. 1000/- denomination by accepting bundle notes of currency of Rs. 50,000/- from one Roshan. That bundle had contained ( 2 ) currency notes of Rs. 500/- denomination. 3. It was subsequently found that some of the currency notes of Rs. 500/- denomination, which were deposited by one Vinayak Omkar in the Axis Bank were of Rs. 500/- denomination and they were fake currency notes. After information was given to the police about the counterfeit currency notes submitted to the said bank, certain investigation was carried out and ultimately it was noticed that those counterfeit currency notes were from the bundle which was exchanged to the accused by name Roshan. 4. Having heard learned counsel for the applicant, learned A.P.P. and on consideration of investigation papers, it prima facie appears that the applicant might have committed negligence in his duty as a Clerk while exchanging currency notes with said accused Roshan. However, there is no prima facie material to indicate that he acted in connivance with said accused Roshan. In other words, there is no prima facie material to gather his culpable state of mind. There is no prior incident of his involvement in the exchange of valid currency notes in lieu of counterfeit ( 3 ) currency notes. Under these circumstances, interim protection granted to him is required to be continued. 5. In view of the foregoing reasons, ad-interim anticipatory bail granted to the applicant vide order dated 16.08.2010 is confirmed and will be operative till cancellation thereof or till filing of the charge-sheet, whichever is earlier. The prosecution is at liberty to seek cancellation of anticipatory bail if any tangible material is found against the applicant to establish his link with said accused Roshan or other accused persons involved in the racket of dealing with the counterfeit currency notes. The application is thus disposed of. [V.R. KINGAONKAR,J.] snk/2010/AUG10/cra3157.10