Mumbai, January 5, 2024: The City Civil and Sessions Court in Mumbai has granted bail to businessman Israr Ahmed Shaikh, who was arrested in connection with a counterfeit currency case. The bail application, filed under Section 439 of the Criminal Procedure Code (Cr.P.C.), was approved by Additional Sessions Judge R.R. Patare, who presided over the matter in Court Room No. 1.
Case Background
The case against Shaikh stems from an incident reported on May 26, 2023, when a co-accused allegedly attempted to exchange counterfeit Rs. 2,000 currency notes at an HDFC Bank branch on Tardeo Road, Mumbai. According to the police, the co-accused presented ten fake notes, totaling Rs. 20,000, to a bank cashier. Upon verification, these notes were found to be counterfeit, leading to the registration of a case under Sections 489(b) and 489(c) of the Indian Penal Code (IPC) at the Tardeo Police Station.
Defense Arguments
Represented by Advocate Shagufta Shaikh, the accused businessman contended that he had been falsely implicated in the case. His counsel argued that:
- He had no knowledge of the counterfeit nature of the currency notes.
- The co-accused presented the notes alongside a valid Aadhaar card, indicating no intent to deceive.
- He has no prior criminal record and poses no flight risk.
- The primary evidence, i.e., the counterfeit notes, has already been seized, eliminating the need for further custodial interrogation.
Prosecution’s Stand
The prosecution, represented by Additional Public Prosecutor Mr. Siroya, opposed the bail application, asserting that Shaikh was in possession of counterfeit currency and had attempted to use it as genuine legal tender. The prosecution feared that granting bail could lead to witness tampering or obstruction of justice.
Court’s Observations and Bail Order
After reviewing the case records, the court noted that:
- The counterfeit notes were seized during the investigation.
- The accused’s Aadhaar card was found to be genuine.
- The investigation was almost complete, and further detention would serve no substantial purpose.
Considering these factors, Judge Patare ruled that Shaikh could be released on bail under specific conditions to ensure his compliance with the ongoing proceedings.
Bail Conditions
- The accused must furnish a personal bond of Rs. 15,000 along with two sureties of the same amount.
- He must report to Tardeo Police Station every Monday and Thursday for a month between 11:00 AM and 3:00 PM.
- He is prohibited from contacting the informant or prosecution witnesses and from tampering with evidence.
- A provisional cash bail of Rs. 15,000 and a personal bond of Rs. 15,000 is permitted for four weeks from the date of the order.
- The accused must seek bail before the concerned Metropolitan Magistrate.
Conclusion
The court’s decision underscores the principle that pre-trial detention should not be punitive, especially when the accused is cooperative and poses no immediate risk. While the case against Shaikh continues, his conditional release provides an opportunity to prepare his defense while adhering to legal obligations.
The ruling has sparked discussions regarding the implications of counterfeit currency cases and the legal measures necessary to balance justice and individual rights. The next hearings will determine the further course of action in this case.
Stay tuned for further updates on this developing story.