Rasal Singh vs State of Punjab

Nirmal Singh, J. (Oral)

This order will dispose of Cr. M. Nos. 17304M, 17504M and 23910M of 2002, as they arise out of the same F.I.R. No. 28 dated 4.4.2002 registered under Sections 489B, 489C I.P.C at Police Station Kot Ise Khan, District Moga. The petitioners in these petitions seek bail under Section 439 Cr.P.C.

The prosecution case is that on 4.4.2002, S.I. Tehal Singh along with other police officials was present at Bus Stand of Village Mandar where he received a secret information that Ranjit Singh, Sukhdev Singh, Karaj Singh, Gurdev Singh alias Devu, Harinder Singh, Nishan Singh coaccused, Devinder Pal Singh alias Dimy and Rasal Singh, Gurdev Singh alias Devu are indulging in preparing counterfeit currency notes and they have gathered at the farm house of Sukhdev Singh. On this information, a raid was conducted and Ranjit Singh, Sukhdev Singh, Karaj Singh alias Dimy were apprehended at the spot. From the personal search of Rasal Singh and Devinder Pal Singh alias Dimy counterfeit currency notes of Rs. 8500/ were recovered. From the personal search of Ranjit Singh, Sukdev Singh and Karaj Singh, counterfeit currency notes of Rs. 10,000/ each were recovered.

Learned counsel for the petitioners, submitted that from the allegations against the petitioners, only a prima facie case under Section 489C I.P.C. is made out, but no case under Section 489B I.P.C. is made out. They contended that the prosecution has not collected any evidence against the petitioners that the petitioners have used the counterfeit currency as genuine.

Mr. H.S. Grewal, learned D.A.G. Punjab has very fairly and candidly made a statement that from the possession of the petitioners, counterfeit currency has been recovered, but the prosecution has not collected any evidence that they have used it. He further made a statement that the petitioners had to use the currency. Therefore, the offence under Section 489B I.P.C. is made out. I have given my thoughtful consideration to the rival contentions and perused the records. The only allegation against the petitioners is that from the possession of the petitioner, counterfeit currency has been recovered.

Taking into consideration the allegations as also the fact that the petitioners are in custody since long, and the trial is likely to take a long time, but without commenting on the merits of the case, these petitions are allowed and the petitioners are ordered to be released on bail to the satisfaction of C.J.M., Moga.