VISHNU SIDRAM GAIDHANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Section 439 of the Code of Criminal Procedure in Crime No.953 of 2020 registered with Police Station Vijapur Naka, Solapur, for offences punishable under Section 498(A)(B) (C)(D)(E) read with 120B of the Indian Penal Code (IPC).

(2.) The case of the prosecution is that on 1st October 2020 when the informant and other police staff were sitting in a room of Crime Detection Squad, they received information that one person in Asara Chowk was distributing fake notes pretending it to be genuine. After summoning two panchas the informant and the staff members visited the spot and found one person roaming in suspicious condition. He was taken into custody. The said person then revealed his name as Sanjay Pawar. They also seized four notes of denomination of Rs.100. Upon interrogation, the said person revealed that the said notes were given to him by the applicant. It is further alleged that the applicant used to give co-accused commission. They further came to know that the alleged notes were counterfeit notes. After the seizure of fake currency, the informant lodged the report.

(3.) Mr.Ritesh Thobde, learned counsel for the applicant, submits that there is no evidence to show that the applicant was in any manner involved in circulating the fake currency notes. The co-accused is already released on bail. There are no antecedents and at the most, even if it is taken for the sake of argument that there is evidence, then Section 489E would be applicable and the said offence is bailable. The learned counsel for the applicant placed reliance in Shri Amit Pai Raikar @ Amit Pai vs. State of Goa 2014 SCC Online Bom 521 .