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2021 Supreme(Bom) 580

M.S.JAWALKAR
Rahul Luthra – Appellant
Versus
State – Respondent


Advocates appeared:
Amit Palekar, Advocate, Rohan P Desai, Advocate, S.G. Bhobe, Advocate

JUDGMENT

M. S. Jawalkar, J. - Heard Mr. Amit Palekar, the learned Counsel for the applicant and Mr. S.G. Bhobe, the learned Public Prosecutor for the Respondents.

2. The present application is filed for regular bail.

3. The applicant-accused has been placed under arrest in Crime No. 254/2020 dated 14.09.2020 registered at Panaji Police Station under Sections 489-A, 489-B, 489-C, 489-D and 489-E of the Indian Penal Code (IPC, for short).

4. It is the case of the respondents that on 14.09.2020 some unknown persons came to the shop of the complainant under the name and style of 'Baskin Robbins' and supplied counterfeit currency for purchase of an ice cream in Caranzalem and Porvorim and handed over certain denomination of notes, which were later found out by the complainant as counterfeit.

5. The learned Counsel for the applicant further submitted that the prosecution has no evidence and that there was no mens rea on the part of the applicant that he was having any intention or knowledge that the possession of the notes with the applicant were counterfeit and that he was involved in the trade of supplying the same.

6. The learned Public Prosecutor, Mr. Bhobe filed his say on behalf of the S

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