STATE Vs. SADDAM HOSSAIN

JUDGEMENT

(1.) Both these Criminal Appeals are filed by the State represented by the National Investigation Agency through its Deputy Superintendent of Police, Hyderabad, feeling aggrieved by separate, but identical orders dated 12.8.2016 passed by the learned II Additional District and Sessions Judge, Visakhapatnam in common Revision Case, i.e., Crl.M.P.Nos.662 and 709 of 2016 in R.C.No.2/2015/NIA/Hyderabad. The accusation against the respondents, who are accused Nos.1 and 3, respectively, is that accused No.1 in connivance with accused Nos.2 and 3 was circulating high quality fake counterfeit Indian currency in Rs.500.00 and Rs.1,000.00 denominations. The afore-mentioned case was registered against the accused for the offence under Section-489-(B) of the Indian Penal Code and Section-16 of the Unlawful Activities (Prevention) Act, 1967 (for short the 1967 Act).

(2.) The respondents/accused have filed separate bail applications before the Court below, wherein the main ground urged by them for grant of bail was that the Investigation Agency has filed the charge sheet and that, they are in jail beyond the statutory period of 180 days.

(3.) In the counter-affidavit filed by the appellant before the Court below, it has taken a specific plea regarding the requirement of compliance of the proviso to Sub-section-(5) of Section-43(D) of the 1967 Act.