STATE OF NCT OFDELHI Vs. JAHIR MOMIN @ JAVED

JUDGEMENT

(1.) This is a petition under Section 439 read with 482 of the Code of Criminal Procedure seeking cancellation of bail granted to the respondent vide order dated 25.09.2012.

(2.) Succinctly stated the facts of the case are that on 21.08.2012, two persons namely, Ayub and Vinod @ Nadeem were arrested at ISBT, Anand Vihar, Delhi with the purported fake currency notes. The FIR bearing No.19/2012 under Sections 489(B) and (C)/120B IPC was registered at PS Special Cell. On the basis of their disclosure statements, respondent herein namely Jahir Momim @ Javed was arrested on 24.08.2012 and 27 purported fake Indian currency notes of Rs.1,000/- (Rupee One thousand) denomination were recovered from his house. The respondent/accused moved an application for regular bail which was allowed by learned Additional Sessions Judge-02, Delhi vide order dated 25.09.2012.

(3.) Learned APP for the State urges that during investigation, Investigating Officer collected call detail record of mobile phone of all the three accused persons which shows that they were in constant touch with each other. He also pointed out that none of the mobile numbers recovered and used by the accused persons were procured by furnishing their real identities. He also submits that the trial Court has not considered the gravity of offence under Sections 489 and 120B IPC and the bail granted to the respondent is liable to be cancelled. On a query, learned APP for the State submits that the investigation is already complete and charge-sheet has been filed. He also states that the charges have been framed by the trial Court and the applicant is appearing before the trial Court.