ISAAK IBRAHIM SANDHI NOVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Sec. 439 of the Criminal Procedure Code, the applicant alleged to have committed the offences punishable under Sec.489 B and C and Sec. 120 B of the Indian Penal Code, prays for being released on bail, after being arrested in that connection.

(2.) Necessary facts may in brief be stated. Shri P.O. Bhatt, the P.S.I. of Visavadar Police Station was informed by District Superintendent of Police, Junagadh that Ramesh alias Ramji alias Rama Laxmidas Suthar was at his place possessing, procuring and trafficking in fake or counterfeit currency notes each of Rs.500/= denomination on a large scale. As directed, the Police Sub-Inspector arranged for raid calling two panchas. At the time of raid Ramesh alias Ramji was present. On the house being ransacked, few fake currency notes of Rs.500/= were found. The same were seized. During the investigation, the Police found that there was well planned net-work for foisting fake currency notes on the public, which was menacing the safety of the currency. The Police on divulgation could know that Vijay Shah, Bhikhabhai Tulsi, Kishore Jivanbhai, Bachubhai Mistry, applicant, Kamlesh Vadgama, Ishabhai, Dhanesh Bachubhai, Mohmad Ibrahim, Sanjay Shah and others had conspired to fabricate or bring into India fake currency notes of different denominations and put the same into circulation so as to have unjust enrichment and cheat the people at large. By the time, fake currency notes of about Rs.6 lacs were sent to Bombay and different places. After Ramesh alias Ramji was arrested shocking facts about fake currency notes came to surface. The applicant was also found involved into the scam. The applicant has after being arrested, filed this application for bail under Sec.439 Criminal Procedure Code.

(3.) It is the submission of the learned advocate for the applicant that the police having been put to a wrong track, the applicant is wrongly involved. He has committed no offence, and if the applicant is released on bail, he would abide by all the conditions harsh or whatever in nature imposed, and would not act in the manner injurious to the interest of the prosecution. By denying the bail, the applicant cannot be punished before trial. The principle that bail is the rule, and personal liberty guaranteed in the Constitution may not be overlooked. Both are required to be esteemed and may not be ignored or discarded and made practically valueless by refusing bail.