Criminal Bail Application No.1342/2022
CNR No. MHNS010056262022
[Malaiyarsan Madsamay V s. State]
Order below Exh.1.
This is application for regular bail U/s. 439 of Cr.P.C. in
Cr.No.I278/2022 of Mumbai Naka P. S., for offences punishable
under Sections 489A, 489B, 489C, 489E of I.P.C., on the basis of
FIR lodged by Police Shipai Rajendra Nakode.
2.
Bail application is filed on the ground that the applicant
is innocent and has been falsely implicated in the case. That the
applicant is resident of Tamilnadu and is residing in Nashik for last
17 years and selling Idily’s for his livelihood. He is the sole bread
earner of his family. That the applicant though possessed counterfeit
notes, never intended to utilize in open market. That the applicant
is also vendor of toys. He had kept the amount for children to play.
The offence is not punishable with imprisonment for life or death.
That the applicant shall cooperate with investigation machinery. He
shall not abscond or jump the bail. He shall be available for trial. On
these main grounds and others has prayed for bail.
3.
Notice was issued to State. State appeared through Ld.
APP Smt.Sulabha Sangale and filed say resisting for grant of
application on the grounds that counterfeit notes were found with
accused. It will hamper Indian economy. That if released on bail,
investigation will be hampered. The applicant will pressurize the
witnesses. That investigation wants unearth whether there is
syndicate for manufacturing of counterfeit notes. On these main
grounds and others have prayed for rejection of bail application.
4.
Heard Ld. Advocate Mr.Gavali for applicant. Perused
bail application. Heard Ld. APP Smt.Sulabha Sangle. Perused police
papers and say filed by Mumbai Naka police station.
5.
As per the prosecution case, secret information was
received on 6.10.2022 by the Police Authorities. Accordingly, police
led the trap near Sayyad Pirbaba Darga. At about 16.45 hours, one
person who came there was apprehended by the Police Authorities.
In his search, 40 notes of Rs.500/ denomination and 244 currency
notes of Rs.2000/ denomination were found. On perusal of the
report filed by the police, it can be gathered that there are number
of notes having same serial number. There is prima facie material
available on record to show that counterfeit currency notes were
found with the applicant. The counterfeit currency notes will
definitely have negative effect on the Indian Economy. The
Investigating is still in progress. The counterfeit notes are sent to
Indian Security Press for examination. Report is awaited. Hence,
following order is passed.
ORDER
1.
Application stands rejected.
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 04/11/2022
Digitally signed
by VARDHAN
PRATAPRAO
DESAI
Date: 2022.11.05
12:32:03 +0530
( V. P. Desai)
Additional Sessions Judge, Nashik.