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2016 Supreme(Del) 2061
IN THE HIGH COURT OF DELHI AT NEW DELHI
P.S. TEJI, J.
PIVI FACEO – Petitioner
Versus
THE STATE (NCT OF DELHI) – Respondent
BAIL APPLN. 711/2016
Decided On : 23-05-2016
Mr. Girish K. Sharma, Adv. with Ms. Sushma Sharma, Adv.
Mr. Rajat Katyal, Additional Public Prosecutor for the State.
The gravity of the offence and the potential risks associated with granting bail were central to the court's decision.
Headnote:
BAIL - Criminal Conspiracy - Indian Penal Code, Section 420/489-A/489C/489D/34, Foreigners Act, Section 14
Fact of the Case:
The petitioner sought bail in a case involving charges under Section 420/489-A/489C/489D/34 of the Indian Penal Code and Section 14 of the Foreigners Act. The prosecution alleged that the petitioner was part of a fake currency racket and was involved in duping the complainant of a significant amount of money.
Finding of the Court:
The court found that the evidence recorded before the Trial Court and the gravity of the offence did not warrant granting bail to the petitioner at that stage.
Issues: The issues revolved around the petitioner's alleged involvement in the criminal conspiracy, possession of counterfeit currency, and violation of the Foreigners Act. The court also considered the potential impact of the petitioner's release on the ongoing investigation and the economy of the country.
Ratio Decidendi: The court's decision was based on the gravity of the offence, the evidence presented, and the potential risks associated with granting bail to the petitioner.
Final Decision: The court dismissed the bail application, emphasizing that the decision was made solely for the purpose of disposing of the bail request and did not express a final opinion on the issues to be decided by the Trial Court.
P.S. TEJI, J.
1. By this petition filed under Section 439 of Cr. P.C., the petitioner seeks bail in a case registered as FIR No. 109/2014 under Section 420/489-A/489C/489D/34 of Indian Penal Code and Section 14 of the Foreigners Act, at Police Station Chanakya Puri, Delhi.
2. The brief facts of the case as per the prosecution are that in January 2014, the complainant/PW2 namely Sh.Manjeet Singh Chadda’s friend bought a super bike for Rs. 12,00,000/. He also got interested into super bike and was looking for the some cheaper option. He searched Internet website for old saleable items i.e. Olx.com. On the website, bike model 2014 of make Suzuki Hayabusa was listed for Rs. 3.5 lacs. However, its market value was about Rs. 15,00,000/-. He got in touch with one Anil Patil who claimed to resident of Mumbai. He insisted that the amount be paid in advance. Complainant deposited the amount of Rs. 3.5 lacs in an account number given by said Anil Patil. Thereafter, Anil Patil disappeared from the scene. Later on, this Anil Patil gave mobile number of the complainant to one James who came into picture on 01.03.2014. As per him, he promised the delivery of the bike subject to the condition that the complainant deposit Rs. 30,000/-which was later deposited. He also promised to make physical contact with the complainant on the pretext of showing him super cars/bikes. However, at the time of contact, he sent one Mathew to show super bike/cars. He asked him as to whether complainant is interested in conversion of “Black-notes of Dollars” into the real USDs. He also represented himself as an employee of British Commission in Delhi. Complainant was later on introduced to one Kwame. All these three persons assured the complainant that they have some money to invest. Since, complainant had already invested around Rs. 3.8 lacs, so he was allured to earn some money through business. They allured the complainant to depart Rs. 27,00,000/- on the pretext of cleaning the black dollars. On one day, one person namely Khalifa came with instrument/box purportedly by which black dollar were converted into USDs but left and leaving the box with complainant. Complainant found the box containing fake notes. Complainant was called by Kwame and Mathew for latest update. Till then, it was not known to both Kwame and Mathew that Khalifa had left, so they agreed to meet the complainant at Netherlands Embassy, Chankyapuri. Complainant called them to CCD Coffee shop in front of Taj Hotel on the pretext that tyre of his car got punctured. Khalifa approached the victim. Complainant tried to apprehend him but he ran in a car comprising other three persons and the Complainant chased them. One PCR also got involved in the chase and four accused persons in the car were apprehended. Their identities were established as one Mathew Bobsy, Tibidje Yves @ Khalifa, Timothee Moleka and Coulibaly Ladji @ Auattara Djebo Lazar. The accused person especially Mathew Bobsy had told that he knew a person at Mumbai. Complainant along with police officials went to Mumbai at the residence of one Tolylope Akinkunmi Mekinde @ Mochu @ Simon. However, this person was not found at the said address and later on one other person namely Hussain was also searched for. In the meantime, the complainant informed the police officials that still some persons wants to sell “Solution” (chemical for alleged conversion of black-notes to USDs). The police officials asked the complainant to get in touch with those persons. On the telephonic conversation, two people from African origin met the complainant at Hyatt Hotel and said that Rs. 47,000/- is the registration fees so that black-dollars can be converted to USDs in a lab. Both these persons were apprehended by the police officials at Hyatt Hotel. They were identified as Pivi Faceo & Onyebuchi Eni. From Pivi Faceo and 05 mobile phones including SIM cards, 58 fake currency notes of denomination of 1000 INR having same serial no. 2BD465765. From Ony
