Shanti Kaur alias Shanti vs State of Himachal Pradesh

Kuldip Singh, Judge

This is an application u/s 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 189 of 2011 dated 20.8.2011 registered at Police Station, Kangra, under Sections 489-A, 489-B, and 177 IPC.

It has been stated that as per the prosecution case the petitioner had purchased some articles from Vijay Sharma at Kangra on 20.8.2011 and paid him Rs. 500/-. The currency note of Rs. 500/- given by her was found fake. Vijay Kumar informed the police and the petitioner was intercepted. It has been alleged that 119 fake currency notes of Rs. 500/- total amounting to Rs. 59,500/- were recovered from the bag which petitioner was carrying. The fake currency notes were taken into possession. In addition to possession, the petitioner was found using one fake currency note of Rs. 500/- as genuine.

The petitioner moved two bail applications for releasing her on bail. The first bail application was dismissed by the learned Additional Sessions Judge (II), Kangra at Dharamshala on 20.9.2011 and second bail application was also dismissed by the same Court on 17.11.2011. The Court below has wrongly denied the bail to the petitioner.

It has been stated that petitioner is innocent, she has been falsely implicated in the case. There is no report from Forensic Science Laboratory that the currency notes are fake. The investigating agency is relying on the certificate from the State Bank of Patiala, Kangra regarding the nature of currency notes.

The petitioner was arrested on 20.8.2011 and since then she is in custody. The petitioner being woman is entitled to special consideration for purpose of bail. The petitioner is not keeping good health. The continuous detention of the petitioner is not necessary. The petitioner is ready to furnish bail bonds. The prayer has been made for releasing the petitioner on bail.

The bail application has been opposed by learned Additional Advocate General on the basis of status report. It has been stated that the case has been registered at the written complaint of complainant Vijay Sharma. It has been stated that 119 fake currency notes of Rs. 500/- denomination total amounting to Rs. 59,500/- were recovered from the bag which the petitioner was carrying. In addition, some other currency notes and coins total amounting to Rs. 2,875/- were also recovered from her besides dry fruit etc. 119 currency notes of ` 500/- denomination total amounting to Rs. 59,500/- were found fake. The fake currency note of Rs. 500/- which was handed over by the petitioner to the complainant for purchasing certain articles was also taken into possession.

The petitioner during interrogation disclosed her address resident of Chamali Gagret, Tehsil Amb, District Una which was found incorrect. She then disclosed her name Santosh Kaur and then Shanta Kaur alias Shanti. She has disclosed that 10-15 days ago she had gone to Maharashtra in a Gurudwara for service and stayed there for 4-5 days. At that place, one woman after giving allurement of money handed over Rs. 60,000/- currency notes in an envelope. She returned home and came to Kangra on 20.8.2011 where she purchased some Pooja articles and handed over Rs. 500/- fake currency note. At one point, she disclosed that these currency notes were given to her by one Major Singh. The submission has been made for rejection of the bail application.

Heard both sides and perused police file. The allegations against the petitioner are that she was found carrying Rs. 60,000/- fake Indian currency notes. She even used one currency note for purchasing some articles at Kangra. The petitioner is making different statements how she acquired fake currency notes. This apart, prima facie the petitioner is found in possession of fake currency notes and she even used one currency note for purchasing some articles. The allegations against the petitioner are very serious. The fake currency note is against the economic interest of the country. It is not a case where inadvertently the petitioner is having in her possession fake currency note. It appears right from the very beginning she was aware of the nature of fake currency notes but despite that she has used the fake currency note for purchasing the articles.

The learned counsel for the petitioner has submitted that the petitioner is a woman aged about 70 years and not keeping good health, therefore, taking into these facts into consideration lenient view may be taken for releasing the petitioner on bail. Section 437 Cr.P.C. provides special consideration for woman or sick person for releasing on bail. It has not been pointed out that illness of the petitioner is of such nature for which treatment is not available while she is in custody. It is not the intention of Section 437 Cr.P.C. that in every case woman accused is to be released on bail. The present case is not of that nature where petitioner is entitled to bail on the consideration that she is a woman. The bail application of the petitioner has already been dismissed twice by the Court below. The petitioner has failed to make out a case for grant of bail at this stage. Accordingly, the bail petition is dismissed.

The observations made in this judgment are for disposal of bail petition only and the same shall not be construed as an expression of opinion on the merits of the case.