NARESH ASWANI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second bail application filed under Sec. 439 of the Code of Criminal Procedure for grant of bail on behalf of the applicant, who is in custody since 8/6/2021 in connection with Crime No.501/2021 registered at Police Station-Hanumantal, Distt.-Jabalpur (M.P.) for the offences punishable under Ss. 489-A, 489-B, 489-C and 489-D of the Indian Penal Code.

(2.) It is submitted that first bail application was dismissed as withdrawn vide order dtd. 24/11/2021 with liberty to renew the prayer after expert prosecution witnesses are examined. It is submitted that witnesses of seizure have been examined and they have turned hostile. Reading statements of Rahul Vishwakarma (PW-1) and Montu Shrivas (PW-2). It is submitted that both the seizure witnesses are hostile, therefore, now applicant be enlarged on bail in-as-much as no recovery has been made from his possession except for a colored printer.

(3.) Shri Amit Mishra, learned Panel Lawyer for the respondent/State opposes this prayer and submits that not only a colored printer but all the material required that preparation of counter fitted currency has been recovered from the possession of the applicant and merely because witnesses of seizure have been turned hostile is not sufficient to extend benefit of bail in favour of the applicant specially in view of the law laid down by Supreme Court in case of Modan Singh Vs. State of Rajasthan, AIR 1978 SC 1511, wherein it is held that if the evidence of Investigating Officer who recovered the material objects is convincing, the evidence as to recovery need not be rejected on the ground that seizure witnesses do not support prosecution version.