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2009 DIGILAW 499 (RAJ)

Ramji Lal v. State of Rajasthan

2009-02-16

MAHESH BHAGWATI

body2009
JUDGMENT 1. - This order governs the disposal of bail application filed under Section 439 of Cr.PC. by Shri Ajeet Bhandari, Advocate on behalf of the petitioner Ramji Lai pertaining to F.I.R. No. 115/2008 of Police Station Diggi, District Tonk, registered in the offences under Sections 489-A, 489-B,489-C, 489-D and 489-E of IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that the petitioner has been in custody for the last four and half months. The case is pending for trial which is likely to take time. The petitioner has been falsely implicated in this case and no counterfeit currency is found to have been recovered at his instance. Only one computer, CPU Printer scanner etc. are said to have been recovered from his possession. Hence, the petitioner deserves to be released on bail. 4. The learned Public Prosecutor appearing for the State has opposed the bail petition primarily on the ground that five counterfeit currency notes each of hundred rupee have been recovered from the possession of the accused at the time of his arrest. Otherwise too, he is alleged to have given 100 rupee note to each shop-keeper asking to supply goods worth rupees 10 and return rest of Rs. 90 to him. He endeavoured to circulate the counterfeit currency notes in the market which is an offence of grave nature. Hence, the petitioner should be denied bail. 5. Having reflected over the submissions made at the bar and perused the relevant material on record, it is noticed that the petitioner gave Rs. 100/- counterfeit note to each shopkeeper namely Abhishek, Banna Lai, Mahaveer Jain, Ghasi Mali, Rang Lai and Lai Chand Raigar. It is also noticed that he asked for the goods to be supplied worth Rs. 10/- and return the rest of Rs. 90/- to him. One shopkeeper detected the counterfeit currency note as a result of which all the shopkeepers assembled there and the petitioner was nabbed and handed over to the police. It is interesting to note that all these counterfeit currency notes of Rs. 100/- bore the same number. At the time of arrest of the petitioner five counterfeit currency notes bearing the same number were recovered from his possession. It is interesting to note that all these counterfeit currency notes of Rs. 100/- bore the same number. At the time of arrest of the petitioner five counterfeit currency notes bearing the same number were recovered from his possession. He was associated with Smt. Sunita co-accused who was also found in possession of 3 counterfeit currency notes and thus they were found circulating these counterfeit currency notes in the market. 6. A country's currency is one of its cornerstones. Its value against other currencies reflects the strength of its economy and is also a matter of national pride. What it buys is of great importance to its citizens. Consequently, its effective management is a great concern for any government. Today this pillar of our country is under attack from an insidious and invisible enemy. A proliferation of fake currency over the last three years has grown to dangerous proportions. According to the National Crimes Records Bureau, 2,204 cases of counterfeiting were reported in 2007. Small states like Sikkim, Uttarakhand and Himachal Pradesh witnessed an average increase of 185 percent in counterfeiting cases between 2006 and 2007. As India grapples with a financial downturn, the spread of counterfeit notes leads to greater uncertainty, undermining a country's confidence in its financial system and the strength of its currency. Counterfeit currency has always been used to fund criminal activity, be it drugs or arms smuggling. Today it is estimated that eight or nine notes of every thousand in circulation in India are counterfeit.The people like petitioner, thus, are posing a serious threat to the Nation, breaking and paralyzing its economy. Hence, without expressing any opinion on the merits of the case, but keeping in view the severity of offence, I do not feel it proper to grant any indulgence of bail to the petitioner and his bail i petition outrightly deserves to be dismissed. 7. In the result, the bail petition filed on behalf of the accused petitioner Ramji Lai S/o Hari Narayan under Section 439 of Cr.P.C. stands dismissed.Bail Application Dismissed. *******