GUJARAT HIGH COURT
Divyesh A. Joshi, J.
Rahul Chetraj Gautam – Applicant
versus
State of Gujarat – Respondent
R/Criminal Misc. Application (for Regular Bail - After Chargesheet) No.7011 of 2023
Decided on 6.10.2023
Criminal Procedure Code, 1973 – Section 439 – Bail application – FIR registered for offence punishable under Sections 489(a), 489(b), 489(c), 489(d), 201 read with Sections 406, 420 and 120B of IPC – Conspiracy to circulate fake currency notes – Jurisdiction to grant bail has to be exercised cautiously on the basis of well settled principles having regard to facts and circumstances of each case – While considering application for bail nature and gravity of accusations, severity of punishment and danger of accused absconding, are some of factors which must be borne in mind – There was a pre-planned conspiracy hatched by applicant-accused along with other co-accused persons – Applicant-accused is not the local resident and there are also probabilities of his being absconded – Court not inclined to exercise discretion in favour of applicant-accused – Bail application deserves to be rejected. (Paras 13, 15, 18, 19, 20 and 21)
Result: Bail Application rejected.
JUDGMENT (ORAL)
This is an application at the instance of an accused praying for regular bail in connection with the First Information Report being I.C.R.No.Part-A 11214020222051 of 2022 registered with the Kamrej Police Station, District: Surat for the offence punishable under Sections 489(a), 489(b), 489(c), 489(d), 201 read with Sections 406, 420 and 120B of the Indian Penal Code.
2. The case of the prosecution may be summarized as under;
2.1 One day a secret information was received by the police officers of Kamrej Police Station about the transportation of fake currency notes.
2.2 Acting upon such information, Police Inspector of Kamrej Police Station along with his team reached near Pipodra Canal- Pardi Cut, Opp: Shiv Hotel and accordingly as per the tip-off received, one ambulance van reached there being registration No.GJ-18-U-8912. Upon conducting search of the said van, fake currency notes arranged in six tin boxes were found in the said vehicle.
2.3 One Hitesh Parshottam Kotadia, who is the co-accused in the present offence, was driving the said vehicle with the fake currency notes and considering the huge quantity of the fake currency notes, the driver along with the ambulance was taken to the police station and the driver came to be interrogated.
2.4 During the preliminary investigation, it was fond that the said Hitesh Parshottambhai Kotadia obtained the fake currency notes from another co-accused, namely, Dinesh Laljibhai Poshiya who in turn obtained the said fake currency notes from another co-accused, namely, Vikas Jain and his agents/employees. The said fake currency notes worth Rs.100/- Crore was brought from Mumbai to Surat. It was also found that the said Hitesh Kotadia kept some of the fake currency notes hidden at his office in Surat as also at his native village. It was also found that the said Hitesh Kotadia also handed over some fake currency notes to the co-accused Vipulkumar Harishbhai Patel.
2.5 Upon the preliminary investigation being carried out, it was found that one Vikas Jain of Mumbain was running his business in the name and style as V.R. Logistic and was doing his illegal activites through his employees Pravinbhai Sukhram Jain, Anush Viranchilal Sharma and Dinanath Ramnivar Yadav.
2.6 The said Vikas Jain with the help of Hitesh, Dinesh and Vipul was getting clients under the scheme of providing cash against the bank transaction and for showing cash to customers, Vikash Jain, Hitesh and Dinesh decided to print the fake currency notes and, therefore, the said persons contacted one Gurmitsing Jagjitsing Thatthal having its office at Delhi for getting fake currency notes printed.
2.7 The said Gurmitsing, for carrying out the task of printing the fake currency notes, contacted one Tarun Gautam (absconding accused) who happens to be the brother-in-law of the present applicant. The said Traun Gautam, in turn, gave an order of printing fake currency notes to the present applicant as the present applicant was earlier having the business of printing press and having good contacts in the printing market. The present applicant-accused accepted the said order and forwarded it to one another co-accused, namely, Sagir Ahmed of Wing Marketing and Rahul Verma of BM Software.
2.8 Co-accused Amit alias Rana obtained the delivery of the said printed fake currency notes from both the printers and same was transported to Mumbai at the office of Vikas Jain. Thereafter, the said fake currency notes were used by the accused persons and made huge amount transaction with the different customers. Thereafter, an FIR came to be lodged against the accused persons named therein including the present applicant. Hence, the present application.
3. Learned advocate Mr. Subhash Barot appearing for the applicant has submitted that the criminal complaint was registered on 30.09.2022 and the present applicant-accused came to be arrested on 14.10.2022 and since then, he is in jail. The investigation has already been completed and t
Prahlad Singh Bhati vs. NCT of Delhi and Anr.
Prasanta Kumar Sarkar vs. Ashish Chatterjee and Anr.
Bail – Jurisdiction to grant bail has to be exercised cautiously on the basis of well settled principles having regard to facts and circumstances of each case.
The seriousness of economic offenses, particularly counterfeiting, necessitates a cautious approach in bail considerations due to their detrimental impact on the economy.
Possession of counterfeit currency requires proof of mens rea; mere possession is insufficient for conviction under relevant IPC sections.
The seriousness of the offence, the public interest, and the risk of the petitioner tampering with evidence or fleeing from justice were central to the court's decision.
Bail cannot be granted in offences of trafficking of forged counterfeit currency notes which pose challenge to economy of country which virtually amounts to waging financial war against country.
Possession of counterfeit currency alone does not warrant conviction under IPC Section 489A; trafficking established through possession leads to conviction under Sections 489B and 489C.
The prima facie nature of evidence at the bail stage and the lack of meticulous appreciation of evidence influenced the court's decision in admitting the petitioner to bail.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.