BA1834/2022
1
MHCC020099482022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.1834 OF 2022
(CNR NO.MHCC020099482022)
IN
C.R.NO.1060 OF 2022
Omoidada Omoragbon
Age – 62 yrs, OccBusiness,
Resi. 702, Building No.2,
Shalibadra, Gram Society
Mira Bhayander Road,
Mira Road (E), Dist : Thane,
Maharashtra – 401 107
….Applicant/Accused
Vs.
State of Maharashtra
(At the Instance of Bandra
Police Station vide C.R.No.1060/2022)
…. Respondent.
Adv Mr. S.S. Bhandary for applicant/accused
APP Mr. S.V.Keknis for State.
CORAM:
HH THE ADDL.SESSIONS JUDGE
SMT.C.V.PATIL
(Court Room No.27)
DATE : 6th September, 2022.
BA1834/2022
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ORDER
1.
The said application is filed by accused Omoidada Omoragbon u/s.
439 of Cr.P.C. and requested regular bail. It is the submission of accused
that C.R.No.1060/2022 is registered at the instance of informant at Bandra
police station for the offences punishable under Sections 489b, 120b, 465,
468 r.w. 34 of the IPC. The I.O. has conducted investigation and filed
chargesheet before learned Magistrate Court. The accused had taken
treatment of his wife in Crysta Spring IVF Centre. After treatment the
accused has deposited cash of Rs.1,28,000/ The denomination is Rs.2000
x 60 and Rs. 500 x 16 total Rs.1,28,000/. The accused has deposited said
amount in the hospital on 23/05/2022 at about 4.00 p.m. Thereafter for
some days the amount was lying in the hospital. Then the amount is
deposited by the concerned from hospital to ICICI Bank. Cashier has
accepted the said amount after verification of notes and thereafter it
disclosed that during verification of the notes in the bundle of Rupee 2000
notes 58 notes total amount of Rs.1,16,000/ found counterfeit notes. The
said bundle was of Rs.2000 notes and 100 notes were there. While
counting said notes in the machine, machine has rejected 58 notes and the
said 58 notes were counterfeit notes. Accordingly the concerned from the
bank reported incident to the police station against unknown person.
2.
The applicant further submitted that from 23/05/2022 till
intimation of incident to the police station dated 04/06/2022 currency
notes were lying with the staff members of Crysta Spring IVF Centre and
staff members of ICICI Bank, but the police have not conducted
BA1834/2022
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investigation properly with the said staff members and falsely implicated
accused. Actually the said notes were accepted by cashier after verification
and thereafter the machine while verification rejected to take notes. In
such circumstances, manipulation at the hands of staff members of Crysta
Spring IVF Centre and at the hands of staff members of ICICI Bank also
cannot be discarded. Even though this accused is falsely implicated by I.O.
without conducting impartial investigation. There is no evidence on record
against accused. Therefore he requested regular bail.
3.
APP/I.O. filed reply at Exh.2. I.O. has shown facts of the case in the
report and lastly submitted that during investigation the name of abscond
accused Bulket is disclosed. The said accused Bulket is till now abscond.
The present accused
Omoidada Omoragbon in collusion with accused
Bulket have prepared counterfeit Indian currency so as to cheat Indian
Government. Accordingly bail application is strongly opposed.
4.
Heard leraned advocate of accused. He has also filed written
submission Exh.3 on record. Alongwith Exh.3 he has filed some documents
i.e. rules of Indian Reserve Bank to show that when the cashier has
accepted amount after verification, there is no evidence to involve name of
accused. Once the cash is accepted certainly manipulation will go towards
staff of the said bank, but the accused is falsely implicated. In support of
bail application he has also relied upon judgment of Hon’ble Bombay High
Court in Criminal Bail Application no.250/2012 dated 09/03/2012, in
which facts of narcotics drugs and psychotropic substance were there. In
the said judgment the accused was also foreigner and on the ground of
BA1834/2022
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foreigner the lower Court refused to release accused on bail but the
Hon’ble High Court enlarge him on bail of Rs. 2,00,000/. In that citation
the facts of narcotic drugs and contraband substance were there but here
the facts are relating to counterfeit notes. The question of counterfeit notes
directly relates to Indian economy. The accused is Nigerian. Admittedly
chargesheet is filed. When the question of counterfeit notes was disclosed
the F.I.R. was reported against unknown person and name of said accused
reveals during investigation conducted by I.O. and therefore it cannot be
said that accused has been falsely implicated. After F.I.R. against unknown
person was registered the I.O. has conducted investigation with staff
members of Crysta Spring IVF Centre and staff members of ICICI Bank.
After recording statement of relevant witnesses name of this accused is
disclosed. However from the summary of chargesheet it disclosed that the
accused has deposited cash of Rs.1,28,000/ with the said Crysta Spring
IVF Centre and during investigation he disclosed that one Bulket is known
to him and he has taken said amount from Bulket. During investigation it
also disclosed that Bulket is till now abscond. He was staying in India by
using mobile number in the name of Indian citizen Ravindrakumar
Shankar Prasad by preparing false ID and therefore till now he is abscond.
When it is disclosed that the accused has taken amount from Bulket who
has used fake ID of Indian citizen for mobile number and till now he is
abscond, this prima facie chain to show involvement of accused in
preparing counterfeit notes. The advocate of accused has given much
emphasis on the ground that possibility of involvement of staff members of
said Centre and ICICI Bank cannot be ruled out. He submitted that from
23/05/2022 the said amount was lying with staff members and therefore it
BA1834/2022
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cannot be said that the accused is involved in the commission of offence.
Prima facie the connection with Bulket shows involvement in the
commission of offence. However the other objection that there is no
evidence against accused and rules of Reserve Bank will be considered at
the time of appreciation of evidence. At this stage that is at the time of
filing of chargesheet it cannot be said that there is no evidence against
accused and he is not involved in the commission of offence. Admittedly
accused is of Nigeria country when he has connection with Bulket who is
till now abscond, in such circumstances if the accused released on bail then
there would be possibility that he would tamper evidence and would
abscond from India. Therefore considering nature of allegations prima
facie involvement of the accused in the commission of offence, I am of the
considered opinion to reject the bail application. Accordingly following
order is passed.
ORDER
1.
Criminal Bail Application No.1834/2022 is rejected.
2.
Thus, Criminal Bail Application No.1834/2022 stands disposed of.
06/09/2022
Date of Dictation
: 06/09/2022
Date of Transcription : 07/09/2022
Date of signature
: 08/09/2022
(Smt.C.V.Patil)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
BA1834/2022
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ORIGINAL SIGNED JUDGMENT/ORDER.”
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