2012 P Cr (PLP)
MUHAMMAD YASIN — Petitioner Versus THE STATE — Respondent
| Citation | 2012 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | MUHAMMAD YASIN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2012 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 P Cr (PLP) (MUHAMMAD YASIN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sahibzada Riasatul Haq for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), S. 489-B
Using as genuine, forged or counterfeit currency-notes or bank-notes
Forged currency notes of different denominations were allegedly recovered from the possession of the accused
Contention of the accused was that case against him was not covered by S.489-B, but S.489-C, P.P.C., which offence was punishable up to seven years imprisonment or fine, or with both, therefore, the accused was entitled to the concession of bail
Forged currency notes had been recovered from the possession of the accused but nothing on record showed that accused had knowledge of the same and was found selling or using the same notes as genuine, therefore, prima facie the provisions of 489-B were not attracted
Question as to whether the accused had the knowledge that the currency notes recovered from his possession were forged and counterfeit, was yet to be proved, therefore, in circumstances, offence under S.489-C, P.P.C., against the accused was open to further probe
Offence under S.489-C, P.P.C., was punishable with imprisonment up to seven years or fine or with both, hence, no legal justification existed to refuse bail to the accused
Bail application of accused was accepted and he was admitted to bail.
Judgment & Decree
MIFTAH-UD-DIN KHAN, J.
Muhammad Yasin petitioner charged in case F.I.R. No.62 dated 23-1-2012 registered at Police Station, Hayatabad Peshawar under section 489-B, P.P.C. was refused bail by the Courts below, hence he has moved the present bail petition before this Court.
2. The brief facts of the case are that on 23-1-2012 at 1850 hours Mukhtiar Khan SI along with his police party was present on the spot when in the meanwhile the present petitioner came there who was apprehended and from his personal search recovered forged currency Notes of different denominations total amounting to Rs.1,76,
000. Hence he was arrested on spot and the forged currency notes were taken into possession.
3. Learned counsel for the petitioner contended that keeping in view the contents of report the case against the petitioner is not covered by section 489-B but section 489-C which offence is punishable up to seven years, or with fine, or with both, therefore, the petitioner is entitled to the concession of bail.
4. Learned counsel for the State opposed the bail petition on the ground that the petitioner was trafficking huge quantity of forged currency Notes at the time of his arrest, hence he is prima facie connected with an offence punishable under section 489-B, P.P.C. and is not entitled to the concession of bail.
5. After hearing the learned counsel for the parties and going through the record I have come to the conclusion that no doubt huge quantity of forged currency Notes have been recovered from the possession of the petitioner but nothing on the record exists that the petitioner had knowledge of the same and was found selling or using the same as genuine, therefore, prima facie the provisions of section 489-B, P.P.C. are not attracted. Similarly it is yet to be proved as to whether the petitioner had the knowledge that the currency Notes recovered from his possession were forged and counterfeit, therefore, I hold that the offence under section 489-C, P.P.C. against the petitioner is open to further probe. Moreover, the offence under section 489-C, P.P.C. is punishable with seven years' imprisonment or fine or with both, hence no legal justification exists to refuse bail to the petitioner in such like offence.
6. Resultantly, this bail application is accepted and the accused-petitioner is admitted to bail provided he furnishes bail bond in the sum of Rs.1,00,000 (Rupees One Lac) with two sureties each in the like amount to the satisfaction of Illaqa/Duty Magistrate. M.W.A./156/P Bail granted.