HEMANT SURYANATH DUBEY Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 438, Cr.P.C. for grant of anticipatory bail in the case FIR No. 878/2000 dated 8.12.2000, under Sections 255/ 256/258/259/260/120B, IPC, P.S. Crime Cell, South District, Nehru Place, Kalkaji (hereinafter 'case in Delhi').

(2.) Prosecution allegations in brief are : on 8th December, 2000 one Prahlad Singh was caught red-handed while supplying counterfeit Government Stamps of foreign bills worth Rs. 1,00,000/- (rupees one lac) to Ranbaxy Lab Limited. During the investigations fake stamps of Rs. 18,48,300 /- were seized at his instance. He was arrested in the above-noted case. In the disclosure statement, he stated that he has been working for one Narinder Singh proprietor of M/s. Blue Star Services and that the fake stamps were being supplied by Hemant Suryanath Dubey of Mumbai (petitioner). Narinder Singh was also arrested. On interrogation he stated that he is the proprietor of M/s. Blue Star Services, which deals in the supply of stamps pertaining to share transfer, foreign bills, insurance etc.; these stamps are supplied by petitioner, Hemant Suryanath Dubey, Subhash and one Rupali of Mumbai; he could point out their office at Mumbai. Consequently the Investigation Officer went to Mumbai on 18.12.2000, 17.1.2001, 17.2.2001 and 14.5.2001 in search of the petitioner but his office was found locked and he could not be traced. Ultimately, petitioner was arrested by the Crime Branch, P.S. Thane Nagar, on 23.5.2001 in the case FIR No. 131 /2000 under the above noted sections and fake stamps of different denominations were recovered from the petitioner as well as from the co-accused worth Rs. 11,94,828/- (Rupees eleven lacs ninety four thousand eight hundred and twenty eight only). He was arrested in four cases of Crime Branch Thane, Wagle Estate, Nasik and Muland (hereinafter 'case at Mumbai'). Despite request for production warrants in the case at Delhi, petitioner was released on bail in the case at Mumbai on 2.7.2001. Thereafter, petitioner applied for anticipatory bail before the Court of Additional Sessions Judge, Mumbai, in the Delhi case, which was declined. However, transitory anticipatory bail to the petitioner was granted on 3.7.2001. Thereafter, petitioner participated in the investigations on 10.7.2001 and 16.7.2001 in case at Delhi. Petitioner's application for grant of anticipatory bail was declined by Additional Sessions Judge observing that he is required to be confronted with Prahlad Singh, regarding the account in the name of the petitioner in a Bank in Delhi.

(3.) I have heard learned Counsel for the petitioner and learned APP for the State.