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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Avneesh Jhingan, J.
Raj Rani - Petitioner - Appellant
Versus
State of Punjab - Respondent - Respondent
CRM-M-52050 of 2022
Decided On : 05-01-2023
Bail - Counterfeit Currency - The court granted bail to the petitioners, who were in custody for possession of counterfeit currency, considering that no further recovery was to be made, the investigation was complete, and the petitioners had no criminal antecedents.
Fact of the Case:
The petitioners sought regular bail in a case involving the recovery of counterfeit currency worth Rs. 4,75,000 from them.
Finding of the Court:
The court granted bail to the petitioners, noting that no further recovery was to be made, the investigation was complete, and the petitioners had no criminal antecedents.
Issues: The main issue was whether the petitioners should be granted bail despite the recovery of counterfeit currency from them.
Ratio Decidendi: The court considered the lack of criminal antecedents, no further recovery to be made, and the completion of the investigation as grounds for granting bail to the petitioners.
Final Decision: The petitions for bail were allowed, and the petitioners were granted bail upon furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned.
AVNEESH JHINGAN, J.
1. These two second petitions under Section 439 of the Code of Criminal Procedure is filed seeking regular bail in FIR No.21 dated 5.2.2021 under Sections 489, 489-A, IPC registered at Police Station City-2, District Mansa.
2. Earlier petitions were dismissed as withdrawn with liberty to revive the prayer at a later stage.
3. As per the case of the prosecution, acting upon a secret information, police recovered counterfeit currency worth Rs. 4,75,000/- from the petitioners.
4. The bail is prayed for on the grounds that petitioners are in custody since February, 2021, no further recovery is to be made, investigation is complete and they are not involved in any other case.
5. Learned State counsel on instructions from ASI Jasbir Singh opposes the prayer and submits that as per the report dated 9.4.2021 received from Currency Note Press, the recovered currency was counterfeit currency. He is not disputing the fact that charges have been framed and petitioners are not involved in any other case.
6. Without commenting on the merits of the case and considering the facts that the petitioners have no criminal antecedents, no further recovery is to be made from the petitioners, though investigation is complete conclusion of trial is likely to take time, the petitioners are granted bail subject to their furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned.
7. The petitions are allowed.
8. It is clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case.
9. A photocopy of this order be placed on the file of connected case(s).
Petitions allowed.
The decision to grant bail was influenced by the lack of criminal antecedents, no further recovery to be made, and the completion of the investigation.
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.
The pursuit of education and upcoming exams can be considered as grounds for granting bail, even in the presence of a pending investigation and opposition from the prosecution.
Active involvement in preparing counterfeit currency and the recovery of semi-finished notes can be crucial factors in denying bail, especially when combined with the petitioner's involvement in othe....
The gravity of the alleged offense and its impact on national security were central to the court's decision.
The denial of bail based on the absence of witness testimony and adherence to procedural requirements under relevant legislation.
Pre-trial incarceration must not equate to punitive post-conviction sentencing; individual rights must be prioritized where the evidence suggests no further custodial necessity.
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