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2020 DIGILAW 98 (GAU)

Dhiraj Boro v. State Of Assam

2020-01-30

AJAI LAMBA

body2020
JUDGMENT Ajai Lamba, J. - This is a second application for bail filed before this Court under Section 439 of the Code of Criminal Procedure, 1973, essentially on the ground that the petitioner has been in custody for 74 days. 2. I have referred to the earlier order vide which the bail was denied to the petitioner dated 16th December, 2019 passed in Bail Application No.3978 of 2019, titled - Dhiraj Boro -Vs.- The State of Assam. 3. The order reads as under :- "1. Dhiraj Boro has preferred this bail petition under section 439 of the Code of Criminal Procedure in Boko P.S. Case No.1199/2019 corresponding to GR Case No.410(K)/2019, under Sections 489(B)/489(C) IPC. 2. Accusation against the petitioner is that he was carrying Rs.76,000/- in Rs.2,000/- currency which was counterfeit. 3. Sections 489(B) and 489(C) IPC read as under: "489B. Using as genuine, forged or counterfeit currency-notes or bank-notes.- 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 bank-note, 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 banknotes.- Whoever has in his possession any forged or counterfeit currency-note or bank-note, 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.]" 4. Offences such as the one allegedly committed by the petitioner are of very serious nature and affect the economy of the country. It would be against public interest to grant any concession of bail in favour of such person. 5. No ground for bail is made out. 6. Dismissed. 7. On filing of charge-sheet, the trial court is directed to ensure that speedy trial is conducted." 4. The contention of learned counsel for the petitioner is that the petitioner made a deposit with the RNR Enterprise, a private entity. After two hours, the petitioner was summoned to say that the currency he had deposited was counterfeit. 6. Dismissed. 7. On filing of charge-sheet, the trial court is directed to ensure that speedy trial is conducted." 4. The contention of learned counsel for the petitioner is that the petitioner made a deposit with the RNR Enterprise, a private entity. After two hours, the petitioner was summoned to say that the currency he had deposited was counterfeit. In such circumstance, it has been pleaded that RNR Enterprises at Boko might have changed the currency notes. The petitioner cannot be held responsible. The second contention is that the petitioner is a teacher by profession and, therefore, it is not reasonably expected that he would indulge in such criminal activities. 5. I have questioned the learned counsel for the petitioner as regards availability of Rs.76,000/- in cash with the petitioner, who is serving as a teacher in a Government Education facility. Learned counsel for the petitioners contends that as per his instructions, he had gone to deposit the money for business of his nephew with RNR Enterprises at Boko town. 6. The contention of the learned counsel does not hold good inasmuch as there is no evidence to show that a sum of Rs.76,000/- had been withdrawn from some other bank, to be deposited with RNR Enterprises (supra). 7. Considering the various aspects of the case, I find no merit in the contention of the learned counsel for the petitioner. Considering the ground for rejecting the earlier bail, and the fact that the petitioner has committed an offence of very serious nature, I find no ground to grant bail. 8. The offences, as allegedly committed are eating at the root of the economy of the country. 9. Dismissed. 10. I, however, direct that the trial be expedited. 11. Learned counsel for the prosecution contends that report under Section 173 of the Code of Criminal Procedure shall be filed within the period as provided under Section 167 of the Code of Criminal Procedure. 12. In case such a charge sheet is filed after investigation, I hereby direct that the trial be undertaken at a speedy pace and concluded at the earliest.