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B.A.No.1176 of 2022
CNR:MHCC02-006506-2022
IN THE SESSIONS COURT FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.1176 OF 2022
IN
C.R.NO.168 OF 2022
Mafatlal Vardaji Purohit
An Adult, Indian Inhabitant,
Age:37 years, Occ:Business,
R/at. R.No.214, 2nd Floor,
Shyam Sunder Building,
B.I.T. Chawl, Keshav Kadam
Marg, Mumbai.

.. Applicant
V/s.
The State of Maharashta
(at the instance of D.B. Marg
Police Station, Mumbai)
.. Respondent
Appearances:
Adv. Madan Gupta for applicant.
APP Abhijeet Gondwal for respondent.
Coram : R. M. Sadrani
Addl. Sessions Judge
C.R. No.37.
DATED : 19th May, 2022.
ORDER
1
This is an application U/s.439 of Code of Criminal
Procedure(hereinafter referred to as “Cr.P.C.) for the grant of bail to
the applicant Mafatlal Vardaji Purohit in C.R.No.168 of 2022 of
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B.A.No.1176 of 2022
D.B. Marg Police Station, Mumbai for the offence punishable
U/s.489(B), 489(C) and 201 of Indian Penal Code.
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As per case of the prosecution, informant is Sagar Popat
Pol, Deputy Branch Manager of Yes Bank. On 13/04/2022, he
lodged FIR that a person namely Jawansingh had deposited
Rs.3,55,000/- in the bank. Later on, informant came to know that
out of this amount, 23 currency notes of Rs.2,000/- denomination
each are fake currencies. Therefore, he lodged FIR. During
investigation, it was transpired that witness Abdul Gani is having
two employees namely Jitendrakumar and Tausif. Said Abdul Gani
asked his employee Tausif to collect amount of Rs.6,75,000/- from
the applicant.

In this amount, there are 50 currency notes of
Rs.2000/- denomination each. Out of those notes, 23 notes were
deposited in the bank. Tausif handed over amount to Jawansingh.
It was further transpired that witness Abdul Gani had returned 27
currency notes of Rs.2,000/- denomination each to the applicant
and applicant has burnt those currency notes. Applicant is arrested
on 09/05/2022.
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Learned Adv. Madan Gupta for the applicant argued
that applicant is a businessman having wholesale Toy Shop since
2017.

He has to import Toys from China.

Turn over of the
applicant is running into crores of rupees.

In the course of
business, he had received amount from wanted accused Manoj
which he had paid to Tausif as per instruction of witness Abdul
Gani.

He further submitted that those currency notes are so
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B.A.No.1176 of 2022
identical that it cannot be detected in the machine. Out of fear,
applicant has burnt 27 currency notes.
antecedents against the applicant.

There is no criminal
He requested to allow the
application. He placed his reliance on the judgment delivered by
our Hon’ble High Court in the matter of Munshi Mohammed Ayub
Mohammed Yusuf Shaikh V/s. The State of Maharashtra, Criminal
Appeal No.1271 of 2013, dt.1st April 2015.
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On the contrary, learned APP Abhijeet Gondwal and
investigating officer opposed the application and argued that
investigation is in progress. Currency notes may be of high quality
and therefore, offence under the Unlawful Activities (Prevention)
Act may be attracted. Report of currency notes is not yet received.
It is requested to reject the application.
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record.

After hearing both the sides, I have gone through
As per say of the prosecution, there is no criminal
antecedents against the applicant. Documents annexed with the
applicant support the argument of the advocate for the applicant as
businessman. Whether applicant had knowledge about fake
currency is a question of trial. I have also gone through judgment
relied by the learned advocate for the applicant, in the matter of
Munshi Mohammed Ayub Mohammed Yusuf Shaikh(supra). For
the ready reference, para No.10 is reproduced as under.
“10. In the case of Uma Shankar Vs. State of
Chattisgarh reported in (2000) 9, SCC 642, the Apex
Court, reiterating the principles laid down in the case of
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B.A.No.1176 of 2022
Mammutti Vs. State of Karnataka, 1979 (4) SCC 723,
has held as under:”A perusal of the provisions, extracted above,
shows that mens rea of offences under Section
489B and 489C is knowing or having reason to
believe that currency notes or bank notes are
forged or counterfeit. Without the aforementioned
mens rea selling, buying or receiving from another
person or otherwise trafficking in or using as
genuine forged or counterfeit currency notes or
bank notes is not enough to constitute under
Section 489(B) IPC. So also possessing or even
intending to use any forged or counterfeit
currency notes or bank notes is not sufficient to
make out a case under section 489C in the
absence of the mens rea, noted above.” .
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In view of above observations, whether applicant has
reason to believe that currency notes possessed by him are fake is a
question of merit. At this stage, considering the documents placed
on record, I am inclined to allow the application. Hence, I pass
following order.
ORDER
1
Bail Application No.1176 of 2022 is hereby allowed.

2
Applicant Mafatlal Vardaji Purohit in C.R.No.168 of
2022 of
D.B. Marg Police Station, Mumbai for the offence
punishable U/s.489(B), 489(C) and 201 of Indian Penal Code be
released on bail on executing PR bond of Rs.1,00,000/- with one or
more sureties of the same amount.

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B.A.No.1176 of 2022
Applicant to furnish his detailed address, phone number
at the time of furnishing bail.
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Bail before the Court attending remand.

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Applicant to attend D.B. Marg Police Station, Mumbai
as and when called by the investigating officer.
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Applicant shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the accusation against himself so as to dissuade him from
disclosing such facts to the Court or to any police officer.
7
Applicant shall not leave India without previous
permission of the Court.
8
Provisional cash bail of the same amount is granted for
a period of eight weeks.
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Bail Application is disposed off accordingly.

( R. M. Sadrani )
Addl. Sessions Judge, Sessions Court,
Dated :19/05/2022.
Gr. Mumbai
Dictated on
:19/05/2022.
Transcribed on :20/05/2022.
Signed on
:20/05/2022.

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON: 20/05/2022.
TIME:01.55 p.m.

(Santosh B. Sawant)
(Selection Grade Stenographer)
Name of the Judge(with Court Room Shri. R. M. Sadrani, Judge, C.R.No.37.
No.)
Date
of
pronouncement
Judgment /Order
of 19/05/2022.

Judgment/Order signed by P.O. on
20/05/2022.

Judgment/Order uploaded on
20/05/2022.