CHENNA BOYANNA KRISHNA YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is the second Application for bail filed by the Applicant who is an accused in offences relating to printing counterfeit stamps and forgery in various states including the State of Maharashtra. This is a case relating to a scam which threatened the economy of the Country. The main accused in the case is Abdul Karim ladsab Telgi (hereinafter referred to as telgi"). The allegation of the prosecution is that during the course of investigation of the case, number of places were raided and huge quantity of counterfeit stamps and printing machinery worth Rs. 2128 crores was seized from several accused persons.

(2.) The first Application for bail made by the Applicant to this Court being Criminal application No. 669 of 2004 was decided by this Court (Coram: D. B. Bhosale, J) by the order dated 6th August, 2004. When this second Application came up before this court on 19th April, 2005, the learned judge of this Court (Coram: A. M. Khanwilkar, J) directed that this Application should be placed before the same learned Judge who had rejected the first bail Application filed by the Applicant. Accordingly, the office placed this Application before the same learned Judge who had rejected the earlier Bail Application. The order Sheet shows that by order dated 15th july, 2005 the learned Judge (Bhosale, J. ) directed the office to obtain appropriate orders from the Hon'ble the Chief Justice for placing this Application alongwith other applications made by the co-accused in the same case before the Regular Court dealing with Bail Applications. The learned judge was of the opinion that considering the peculiar facts and circumstances of the case, this Application should be heard alongwith the Applications of other co-accused by the regular Court. The office noting shows that on 03rd August, 2005 the papers of this Application were placed before the hon'ble the Chief Justice. An Administrative Order was passed by the hon'ble the Chief Justice on the very day by which the present Application was assigned to this Court and that is how I have heard this Application.

(3.) Before referring to the submissions made by the learned Counsel for the parties, a brief reference will have to be made to the facts of the case. The present Application relates to an offence which was originally registered vide C. R. No. 135 of 2002 at Bund Garden Police Station, Pune. The offence was registered under various sections of the Indian Penal Code. The sections of the Indian Penal Code which are invoked are sections 120 (B) , 255, 256, 257, 258, 259, 263 (A) , 420, 467, 468, 471, 472, 473, 474, 475, 476, and 34. The offence was also registered under the provisions of section 63 (a) and 63 (b) of the Bombay Stamp Act, 1958. Subsequently the provisions of the maharashtra Control of Organised Crimes act, 1999 (hereinafter referred to as MCOC act) were also invoked and the sections 3 (l) (i) , 3 (l) (ii) , 3 (2) , 3 (4) , 3 (5) , 4 and 24 of the MCOC Act were applied. Against some of the accused including the Applicant herein commission of offences under sections 7, 13 (i) (d) of the Prevention of Corruption Act, 1988 have been alleged.