CRI. BA 52/2024 MHCC020002962024

IN THE COURT OF SESSIONS MUMBAI, AT GR. MUMBAI CRIMINAL BAIL APPLICATION NO. 52 OF 2024

Israr Ahmed Shaikh
Age 58 years old, Occupation : Business
R/O 1011 Paradise Heights,Swami Samarth Road,
Near Mosque, Andheri West, Mumbai,
Maharashtra 400053. … Applicant

Vs.
1. The State of Maharashtra ( Through Tardeo Police Station) … Respondents

Appearances :Ld. Adv. Shagufta Shaikh for the Applicant.
Ld APP Mr. Siroya for the State.

CORAM : H.H. THE ADDITIONAL SESSIONS JUDGE R.R. PATARE (C.R.NO.1) DATED : 05 January, 2024.
ORAL ORDER

This application is filed under Section 439 of Code of Criminal Procedure (Here-in-after referred as “Cr.P.C.” in short) seeking bail in connection with crime no. 252/2023 registered with Tardeo police
station, Mumbai for the offences punishable under Sections 489(b) and 489(c) of the Indian Penal Code (Here-in-after shall be referred as “IPC” in short)

2.It is the case of prosecution that on 26.05.2023 co-accused visited H.D.F.C. bank branch, Tardeo Road, Mumbai with counterfeit currency notes of Rs. 2,000/- and requested to exchange the same. It is alleged that co-accused tendered ten notes of Rs.2,000/- each for exchange with cashier of the bank. On verification it was found that bank notes tendered by co-accused were counterfeit currency notes.

3. The accused is seeking bail on the ground that he is innocent and has not committed any offence. He is falsely implicated in the crime. The contents of report does not constitute any offence there is no
criminal antecedent in the name of accused. Custodial interrogation of accused is not necessary. The accused undertakes to abide conditions of bail. The ld advocate for the accused would submit that the accused was not having any intention to use currency notes in question. He further pointed out that co-accused tendered currency notes alongwith his Adhar Card. This fact itself is sufficient to infer that the accused was not having any illegal motive.

4.Perused application, say, case diary and heard advocates for the parties. It is allegation of prosecution that accused was possessing counterfeit currency notes and used them as genuine currency notes with request to exchange the same. From the FIR it is seen that coaccused has tendered disputed currency notes with bank alongwith his Adhar card. It is not the allegation of prosecution that Adhar card tendered by accused was not genuine. Admittedly, the currency notes in
question are seized during investigation. Custodial interrogation of accused is not necessary. From the case diary it is seen that investigation is almost completed. Hence, no purpose would be served by keeping accused behind the bar. The accused is ready abide conditions of bail. In such, circumstances accused can be enlarged on bail on certain conditions. Hence, following order.

ORDER

Bail Application No.52/2024 is allowed in the following terms.

a) Accused Israr Ahmed Shaikh be enlarged on bail in connection with crime no. 252/2023 registered with Tardeo police station, Mumbai for the offences punishable under Sections 489(b) and 489(c) of the IPC on furnishing personal bond of Rs.15,000/- and two sureties in the like amount.

b) Accused is directed to attend Tardeo police station on every Monday and Thursday for period of one month from today between 11.00am to 3.00pm.

c)The accused shall not contact informant and prosecution witnesses in any manner and shall not tamper with the prosecution evidence.

d) Accused is enlarge on cash bail of Rs.15000/- and personal bond of Rs. 15000/- for period of 4 weeks from today on oral request made on behalf of accused.

e) Bail Before concerned Metropolitan Magistrate.

(R.R. PATARE) Additional Sessions Judge, City Civil & Sessions Court, Date : 05.01.2024
Dictated on : 05.01.2024 Transcribed on : 05.01.2024 HHJ signed on : 05.01.2024 Gr. Bombay (C.R.No.1)
CRI. BA 52/2024 4 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER” 05.01.2024, 4.30 p.m UPLOAD DATE AND TIME Mrs. S. V. Patange NAME OF TYPIST
Name of the Judge (with Court Room No.) HHJ R. R. Patare,(C.R.No.1) Addl. Sessions Judge.,City Civil & Sessions Court, Mumbai. Date of pronouncement of Judgment/Order 05.01.2024 Order signed by P.O. on 05.01.2024 Order uploaded on 05.01.2024