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DINESH KUMAR SHARMA
Mohd. Kamil – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 20860/2023
Exemption is allowed subject to all just exceptions.
Application stands disposed of.
BAIL APPLN. 2604/2023
1. The present bail application has been filed under Section 439 Cr. PC seeking regular bail in case FIR No. 58/2018 dated 10.05.2018 registered at PS Special Cell, under Section 489B/489C/120B.
2. Briefly Stated the case of the prosecution is that on 10.05.2018, a raid was conducted on receiving secret information, wherein Kamil the present accused was apprehended with a huge consignment of Fake Indian Currency Notes (FICN) from Seelampur Bus Stop Delhi. On searching him, several packets were found having 200 notes of Indian Currency in the denomination of Rs.2000 with a total of 400 notes of Rs.2000 with total value of Rs.8 Lakhs.
3. Learned counsel for the petitioner submits that the petitioner is in custody since 10.05.2018. It has submitted that out of 11 prosecution witnesses 9 witnesses including public witnesses have been examined. Learned counsel submits that even the public witness has not supported the case of the prosecution and witness was declared hostile.
4. Learned counsel submits that the learned Trial
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.
The seriousness of economic offenses, particularly counterfeiting, necessitates a cautious approach in bail considerations due to their detrimental impact on the economy.
The importance of balancing individual liberty with the interest of society, as highlighted in the observations of the Hon’ble Supreme Court.
The court emphasized that the mere seriousness of the charges does not justify denial of bail when no evidence links the petitioner directly to the crime and investigation is complete.
Cruelty - Bail granted - Petitioner is in judicial custody charge-sheet has already been filed and as per prosecution no fake currency note has been recovered from him. As far as question of arrest o....
The prosecution must prove beyond reasonable doubt that the accused had knowledge or reason to believe that currency notes were counterfeit to sustain a conviction under IPC Sections 489B and 489C.
Possession of forged or counterfeit currency-notes or bank-notes - Conviction modified - Prosecution prove charges under S. 489C of IPC. As far as charges of S. 489B of IPC prosecution could neither ....
Possession of fake currency notes established guilt beyond reasonable doubt; intent to use them in the market suffices for conviction under IPC Sections 489B and 489C.
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.
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