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CR.MA/9531/2008 6/ 6 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9531 of 2008
=========================================================
BIPINKUMAR
JAYANTILAL MUCHHALA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BUCH FOR NANAVATY ADVOCATES for
Applicant(s) : 1,
MR KP RAVAL, APP, for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 14/08/2008
ORAL
ORDER
Rule.
Learned APP Mr. K.P. Raval waives service of Rule on behalf of the
respondent ? State. Heard.
The
present Application, under Section 439 Cr.P.C., is filed by the
applicant for enlarging him on regular bail in connection with CR
No.I-2 of 2008, registered at Chalala Police Station, District
Amreli, for the offences punishable under Section 489-B and 489-C of
Indian Penal Code (for short ?SI.P. Code??).
Earlier
the present applicant has filed Bail Application in the Court of
learned J.M.F.C., Dhari and the same was rejected by the learned
Magistrate vide order dated 7.2.2008. Thereafter, the applicant
preferred regular bail Application under Section 439 in the Sessions
Court, Amreli, being Misc. Criminal Application No.168 of 2008. The
learned Sessions Judge, Amreli, rejected the said application with
sound reason, by order dated 24.4.2008. Thereafter, the present
applicant approached this Court by filing Criminal Misc. Application
No.7021 of 2008. The said Application was dismissed as withdrawn by
order dated 10.6.2008, passed by this Court. Thereafter, the present
Application is filed by the applicant under Section 439 Cr.P.C. for
enlarging him on regular Bail.
Heard
lerned Advocate Mr. Buch for the applicant and learned A.P.P. Mr.
Raval for the State.
Mr.
Buch contended that in this case the applicant is charged for the
offences punishable under Sections 489-A, 489-B, 489-C and 434
I.P.Code. He contended that the prosecution has not alleged that the
applicant performed or even participated in performance of any such
process of counterfeiting and he cannot be booked under Section
489-A I.P. Code. It is also contended that from the allegation made
against the applicant for the alleged offence of Section 389-C
I.P.Code FIR does not corroborate and there is no iota of evidence
to show the presence of knowledge to the applicant that the currency
note is counterfeit on fake currency notes. He also contended that
from the papers of charge-sheet, no prima-facie case is made out and
it is a fit case to grant regular bail to the applicant. It is also
contended that there are 38 witnesses which are likely to be
examined and for that it will take longer period to complete the
trial and, therefore, also the applicant may be enlarged on bail.
Learned
APP Mr. Raval has read the charge-sheet and contended that 94 fake
currency notes of Rs.1000/- denominaton each were seized from the
possession of the applicant ? accused. He contended that the
offence alleged against the applicant is very serious in nature and,
therefore, the application is required to be dismissed.
I
have gone through the charge-sheet papers. Prima-facie the
involvement of the present applicant is established and under the
discovery panchnama, 94 fake currency notes of Rs.1000/-
denomination each have been found from the possession of the
applicant ? accused.
From
the perusal of the papers it transpires that the allegations against
the applicant are very serious in nature and the gravity of offence
is quite obvious and it relates to the economy and economical
transaction of the State as well as the whole country and it will
affect the financial schemes of the nation. Therefore, the Court
cannot enter into the moral issue when the alleged offence is
harmful to the economy of nation. When in such type of recovery of
used fake currency notes made out against the accused, then no
leniency can be shown to such type of offender.
The
allegations made by the prosecution has no doubt, still to be
established at the trial. It is true that it is suggested that the
respondent and the person accused along with him are persons of easy
conscience, so far as the interest and security of the country are
concerned and current situation in the country is such that it can
easily be exploited by unscrupulous men to their own or to some
foreign powers advantage.
It
is true that in bail matters the High Court should become the final
authority. Normally, it is settled that the Apex Court should
interfere only in the limited class of cases when there is a
substantial question of law involved which needs to be finally set
at rest by the Apex Court for the whole country, or where there is
grave blatant and atrocious miscarriage of justice. In such type of
cases, like the present one, the Judge may not shut his eyes to do
injustice but he must equally not keep his eye too wide open,
otherwise the Court would not be able to perform the high and noble
role to perform according to the faith of the Constitution maker.
It
is also to be noted that the present applicant is a resident of
Mumbai. I have examined all the evidence and elaborate scrutiny of
the evidence. It is likely that the presence of the accused may not
be secured at the time of trial and likelihood of witnesses being
tampered and, therefore, in the larger interest of the State and
society it is not desirable to exercise the judicial discretion in
granting bail in such grave offence. The learned Sessions Judge has
made detailed discussion and has given sound reasons against the
prayer of grant of bail and offered his opinion in substance about
existence of prima-facie case. The learned Judge has considered all
the circumstances of the case and he has not simply and casually
dismissed the bail application of the applicant. It is true that
during the hearing of Bail Application under Section 439 Cr.P.C. the
Court cannot go into the details of evidence to find out that the
evidence will be sufficient to establish the guilt of the applicant
beyond reasonable doubt, but even then the Court can look at prima
facie case against the accused.
It
appears that the present applicant is involved in the case of fake
currency Notes and due to the act of present applicant economical
and financial situation, dealing and transaction of the State as
well as the whole country can be disturbed and serious consequences
would follow and the same can disturb the situation of law and
order also. It is found from the papers that prima-facie it is
established that the applicant has committed grave and serious
offence and, therefore, it is not desirable to exercise discretion
in favour of the applicant and this is a fit case to dismiss the
application of the applicant.
In
view of what is observed herein above, this Application is
dismissed. Accordingly, it is dismissed. Rule discharged.
(Z.K.SAIYED,J.)
sas
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