IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF FEBRUARY, 2019 PRESENT THE HON'BLE MR. JUSTICE K.N. PHANEENDRA AND THE HON'BLE MR. JUSTICE K. NATARAJAN CRIMINAL APPEAL NO.2285 OF 2018 BETWEEN:
MOHAMMED SAJJAD ALI @ MD. SAJJAD ALI @ SAJJAD ALI @ CHACHA @ CHACHU S/O LATE RAMJAN SK @ RAMJAN, AGED ABOUT 73 YEARS, R/AT AJIMTOLA, JAGANNATHPUR, KHEJURIAGHAT, BAISHABNAGAR, MALDA, WEST BENGAL-732 127. ... APPELLANT (BY SRI ASIM MALIK, ADV., FOR SRI BASAVARAJU T.A., ADV.,) AND:
NATIONAL INVESTIGATION AGENCY MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, HYDARABAD BRANCH, DELHI.
AT HIGH COURT OF KARNATAKA, AT BANGALORE - 560 001.
REP. BY LEARNED SPECIAL PUBLIC PROSECUTOR. ... RESPONDENT (BY SRI PRASANNA KUMAR, SPL. PP) THIS CRL.A. IS FILED U/S.439 OF CR.P.C. R/W SECTION 21 OF NATIONAL INVESTIGATION ACT PRAYING TO ENLARGE THE APPELLANT ON BAIL IN R.C.NO.26/2018 REGISTERED BY NATIONAL INVESTIGATION AGENCY, DELHI, FOR AN OFFENCE P/U/S 489(b),489(c),120(b) R/W 34 OF IPC WHICH IS PENDING ON THE FILE OF XLIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (SPECIAL COURT FOR TRIAL OF NIA CASES), BENGALURU IN SPL.C.C.NO.785/2018.
THIS CRIMINAL APPEAL COMING ON FOR ADMISSION THIS DAY, K.N. PHANEENDRA, J., DELIVERED THE FOLLOWING:
JUDGMENT The appellant has preferred this appeal seeking grant of bail under Section 439 of Cr.P.C., while challenging the orders passed by XLIX Addl. City Civil & Sessions Judge (Special Court for trial of NIA cases), Bengaluru, in Spl.CC.No.785/2018 between the State by National Investigation Agency and the appellant and others.
2. The learned counsel for the appellant seriously argued before this Court that, the offences alleged under Sections 489(b), 489(c), 120(b) r/w Section 34 of IPC are not compulsorily punishable either with death or imprisonment for life. It is contended by the learned counsel that, the entire case revolves around documentary evidence, which are already collected by the police, investigation agency and others. Accused No.1/ appellant herein is a habitual offender. It is also further contended before the Court that, the appellant is having disability to the extent of 100%. As per the certificate issued by the doctor, he cannot even move from one place to another and he is aged 73 years. Therefore, on compassionate and medical grounds, he is entitled to be enlarged on bail. The learned counsel further contended that the appellant/accused No.1 is only alleged with the allegation that he had carried fake currency notes from one place to another and also personally involved in circulating the said fake notes in the public at large. Therefore, the learned counsel contended that when the appellant/accused No.1 is ready and willing to offer substantial surety for his appearance before the Court and abide by any conditions imposed by this Court, he is entitled to be enlarged on bail.
3. Per contra, the learned Special PP for the respondent-State submitted that it is not an ordinary case. Though, the ordinary police could have investigated the matter under Sections 489(b), 489(c) of IPC, the investigation unfold that it is a case of circulating fake currency notes amongst the public at large, which imbalances the economy of the country. Therefore, the National Investigation Agency is constituted for investigating such offences.
Therefore, considering the gravity of the case, the Court has to exercise judicial discretion in a proper manner. He further contended that, the appellant/accused No.1 before the Court is found with fake currency notes to the extent of Rs.3,96,000/- and other accused i.e., accused Nos.2 and 3 who are already apprehended were also found with huge number of fake currency notes to the extent of Rs.18,000/- and Rs.20,000/- respectively. He also contended that, the police have collected the call details which establishes the conversation between the accused persons, which clearly shows that they involved themselves in fake notes transaction which definitely imbalances the economy of the country. He further contends before this Court that some of the accused persons are yet to be apprehended. If the appellant/accused No.1 is released on bail, there is every chance of he further involving in similar offence and make other accused persons not available to the investigation agency, though the charge sheet has been filed. It is contended that, the material collected by the investigation officer aptly establishes prima facie case against the appellant/accused No.1. Therefore, it is not a fit case to enlarge the appellant/accused No.1 on bail. It is the further specific contention that though the certificate issued by the doctor shows that he is having 100% disability, but the investigation reveals that he traveled from Calcutta to Bangalore on 12 occasions. Further on every date of hearing, he appears before the Court from the jail and walks to the Court climbing steps and attend the Court and go back which clearly goes to show that the said certificate is doubtful at this particular point of time. There is absolutely no ground to interfere with the order passed by the trial Court. Hence, the appeal is liable to be dismissed.
4. After hearing the arguments and on going through the decisions relied upon by the counsel on both sides, it is clear from the decisions and the principles laid down that when the offence is not punishable either with death or imprisonment for life, the Court can exercise judicial discretion in favour of the accused persons, particularly when the charge sheet has already been filed against the accused persons. Further the decision also discloses that the age of the accused and the surrounding circumstances has to be looked into by the Court while exercising judicial discretion. Ultimately, it is the discretion of the Court to exercise in a given case depending upon the facts and circumstances of each case. There cannot be any precedent of facts, but only principles which are laid down are binding on the courts of law.
5. Looking to the factual aspects of the case, as could be seen from the charge sheet, serious allegations are made against the accused persons that they are involved in fake currency notes distribution in India. It is the specific allegation that there are three countries involved in this particular case. Currency notes having been printed in Pakistan, thereafter transmitted to Bangladesh and then to India for the purpose of circulation. There is huge link among the accused persons and their counter parts in the above said countries. Therefore, further investigation is also needed and accused Nos.5 and 6 have to be traced and apprehended. There are material to show that accused No.1 is an active associate of accused Nos.2 and 3 wherein accused No.2 is needed in seven cases pending against him and similarly three cases are pending against accused No.3. Accused Nos.2 and 3 and accused No.1 are shown to be closely involved in procuring huge quantities of fake currency notes of high denomination.
6. Now coming to the contention urged before this Court, in our opinion, considering the gravity of this case, as accused No.1 is aged 73 years and it is not shown that he is ailing and he is not in a fit state of mind, so as to do such type of business as alleged in the charge sheet. Further, there are sufficient material collected by the investigation agency, which goes to show that appellant/accused No.1 traveled from Calcutta to Bangalore on 12 occasions and he has actively participated along with accused Nos.2 and 3. If the Court is of the opinion that he is totally disable to travel, it virtually amounts to disproving the case of the prosecution so far as the allegation of capability to move from Calcutta to Bangalore.
7. Under the above said circumstances, the above said certificate produced before the Court requires to be tested before the Court on trial as to whether the said certificate is fake or genuine and whether the accused is really incapable of traveling from one place to another.
8. Under the above said facts and circumstances, we do not find any strong reason to interfere with the order passed by the trail Court. Therefore, the appeal deserves to be dismissed and accordingly, it is dismissed. However, as the accused persons have been arrested long back and they have been languishing in jail since for more than few months, the trial Court is hereby directed to expedite the trial itself and dispose of the main matter as expeditiously as possible.
The appellant is at liberty to move the trial Court for bail, if there are any changed circumstance.
SD/- JUDGE SD/- JUDGE PB