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2015 DIGILAW 5 (CHH)

Balla @ Balram Jangde v. State of Chhattisgarh

2015-01-06

SANJAY K.AGRAWAL

body2015
ORDER 1. Above mentioned two bail applications arise out of a common Crime No.639/2014 registered at Police Station Mahasamund, Civil and Revenue District Mahasamund (Chhattisgarh), for the offence punishable under Section 489 A, B, C, D/34 and 109 of the Indian Penal Code, therefore, they are being heard analogously and decided by this common order. All the two are first bail applications filed under Section 439 of the Code of Criminal Procedure, 1973. 2. The case of the prosecution in brief, is that, from the possession of applicant Balla @ Balram Jangde, 30 fake currency notes of Rs.1,000/- was recovered alongwith printer, scanner, CPU and monitor being used for forging/counterfeiting currency and from the possession of applicant – Tarendra @ Daoowa, 4 currency notes of Rs. 1,000/-, 12 currency notes of Rs. 500/- and 2 currency notes of Rs. 100/- were recovered, and both the accused were trying to use that forged currency bank notes as genuine one and thereby, they have committed the aforesaid offences. 3. Learned counsel for the applicants would submit that applicants have not committed any offence and they are unwary possessors/user of that fake currency notes, therefore, they are entitled for bail as they are in jail since 16.09.2014. 4. On the other hand, learned State counsel would oppose the prayer for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary of Crime No.639/2014. 6. Section 489A to 489D of the Indian Penal Code provides as under: “489A. Counterfeiting currency-notes or banknotes. Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any currency-note or banknote, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 489B. Using as genuine, forged or counterfeit currency-notes or banknotes. Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency note or banknote, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 489C. Possession of forged or counterfeit currency-notes or bank-notes. 489C. Possession of forged or counterfeit currency-notes or bank-notes. Whoever has in his possession any forged or counterfeit currency-note or banknote, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 489D. Making or possessing instruments or materials for gorging or counterfeiting currency-notes or banknotes. Whoever makes, or performs, any part of the process of making, or buys or sells or disposes of, or has in his possession, any machinery, instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting any currency-notes or banknotes, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” 7. The aforesaid provisions (Section 489A to 489D) of Indian Penal Code, deal with various economic offences in respect of forged or counterfeit currency notes or bank notes. The object of legislature in enacting these provisions is not only to protect the economy of the country but also to provide adequate protection to currency notes and bank notes.[kindly see AIR 2005 SC 128 – K.Hasim v. State of Tamil Nadu] 8. Taking into consideration the facts and circumstances of the case, gravity of offence and the manner, in which, the applicants were found in possession of huge fake/counterfeit currency notes, and they were trying to use it genuine and taking in view that the act of the present applicants are against the economy of the country as the currency notes are, in spite of growing accustomedness to the credit card system, still the backbone of the commercial transactions by the multitudes in our country required to be protected adequately as the applicants prima facie cannot be said to unwary possessors or users of fake currency notes. Therefore, I do not consider it is fit case for grant of regular bail to the applicants/accused persons. 9. Accordingly, the bail applications i.e. M.Cr.C. Nos. 6125/2014 and 6175/2014 filed under Section 439 of Cr.P.C. are rejected.