HEMANT CHODANKAR Vs. STATE

JUDGEMENT

(1.) THIS is an application for bail filed by the applicant who has been arrested on 26/7/2011 by Calangute Police in Calangute Police Station Crime No.157/2011 registered for offence punishable under Sections and read with Section of Indian Penal Code (I.P.C.) The complaint has been lodged by Mr. Tarun Khatter, Executive Director, Atlantis Entertainments, La Calypso, Sautavaddo, Baga Calangute, Bardez -Goa, on 25/7/2011, alleging that on 24/07/2011 at about 18.30 hours, two persons came to the La Calypso Casino, at Sauntavaddo, Calangute, and in furtherance of their common intention, purchased chips from the counter by tendering 30 counterfeit currency notes of Rs. 500/ -each, as genuine. It is further alleged that upon checking, it was found that the said notes were counterfeit. When the staff of the said Casino questioned the said persons about the said notes, both of them ran away in a Silver colour Tata Indigo car, with their third accomplice.

(2.) IT appears from the reply filed by the respondent no. 1 that on 25/7/2011, the third accomplice namely Sudesh Gund was caught when he visited La Calypso Casino to inquire about the keys of the said car. The said co -accused was found in possession of four counterfeit currency notes of Rs. 500/ -each. During the course of investigation, said Sudesh Gund disclosed the names of one Chintamani and of the present applicant as the persons who had visited the Casino on the previous date. Both the said co -accused were traced at Vasco -da -Gama and were arrested. The co -accused namely Chintamani Yadav disclosed about involvement of P.S.I Vaibhav Naik of Vasco Police Station as the person who gave counterfeit Indian currency notes amounting to Rs. 3 lakhs to him and that he was told by P.S.I Vaibhav Naik to pay to him Rs.1.50,000/ -after exchanging/circulating the said counterfeit notes of Rs. 3 lakhs. It is stated that said Chintamani Yadav also disclosed that few counterfeit notes were given by him to the present applicant namely Hemant Chodankar on 24/7/2011 for circulation and remaining amount was concealed in the flush tank of the toilet in his office. At his instance, under Section of the Evidence Act counterfeit Indian currency notes amounting to Rs. 2,77,500/ -were recovered. At the instance of the present applicant, Tata Indigo car bearing registration no. GA -06 -A -8222, belonging to the applicant and allegedly used to go to La Calypso Casino for circulation of counterfeit currency notes, was attached.

(3.) MR . S. D. Lotlikar, learned Senior Counsel, on behalf of the applicant, submits that the learned Additional Sessions Judge has rejected the bail application on the ground that filing of the charge sheet cannot alter the previous findings and unless some material comes on record later that would benefit the accused there cannot exist any reason for the Court to review its earlier order. According to Mr. Lotlikar, since the charge sheet has been already filed, the circumstances have changed. He contended that offence under Section of I.P.C. is bailable whereas offence under Section , which is non -bailable, is punishable either with imprisonment for life or with imprisonment for a term which may extend to years. He, therefore, contended that the offence cannot be considered to be a serious offence like that of murder, etc. The learned Senior Counsel further pointed out that no counterfeit notes were found on the person of the applicant nor any incriminating material has been recovered at the instance of the applicant. He also argued that there is no material to show that the applicant had used the counterfeit notes as genuine notes. He has relied upon Sanjay Chandra Vs. Central Bureau of Investigation : 2012 1 SCC 40. Learned Counsel, therefore, urged that the applicant is now entitled to be released on bail subject to appropriate conditions being imposed on him.