(1.) The applicant herein is convicted for the offence punishable under Section 489-C read with Section 34 of Indian Penal Code and sentenced to suffer Rigorous Imprisonment for seven years and fine of Rs.25,000/-, in default, to suffer further Simple Imprisonment for one year by the Sessions Judge-6, Nashik vide judgment and order dated 15th March 2019.
(2.) While arguing the application under Section 389 of Cr.P.C., the learned counsel for the applicant vehemently submitted that there is no concrete and comprehensive material to lead to a conclusion that the applicant is in any way guilty of the offence punishable under Section 489 (c). The raid was conducted on 20th November 2008 in a Mobile Shopee which was owned by Sudhakar Pande.
(3.) On the basis of the information given by Sudhakar Pande a car was also raided. The applicant is a registered owner of the said car from which 900 counterfeit notes of 1000 denomination were seized. It was also urged by the learned counsel for the applicant that the said car belonged to the applicant, but at the relevant time, it was being used by his friend Sudhakar Pande, who is the principal accused and is yet absconding. It is also submitted that the applicant had no knowledge that the said counterfeit notes were being transported or concealed in the said car which belonged to him and hence, it was prayed that he be enlarged on bail as he is not even remotely connected with the said offence.