2008 P Cr (PLP)

TANVIR BASHIR ANSARI, J.

This is an application for grant of post-arrest bail in case F.I.R. No.306, dated 20-9-2003 registered under sections 420/489-D, 411, P.P.C. at Police Station Industrial Area Islamabad.

2. Briefly the allegation against the petitioners is that the complainant Muhammad Irshad along with his paternal-cousin Qaiser Mehmood were induced by Malik Mukhtar accused to meet the petitioners upon the pretext of providing visas for Spain. The petitioners represented that they were in possession of specific machinery and other article which can be used for making currency notes and upon the basis of this fraudulent representation and demonstration of preparing a currency note of Rs.100 denomination enticed the complainant and his cousin to part with a sum of Irs.30,600.

3. It is contented by the learned counsel for the petitioner that section 489-D is not attracted in the circumstances of the case. It is contended that firstly no recovery has been made from the petitioners and even if recovery is so found to be made there is nothing on the record to suggest that the said machinery/articles can be used for making of fake currency notes. It is contended that the case against the petitioners is that of further inquiry. It is submitted that the case is completely without any basis and has been filed by the complainant party as some dispute regarding rendition of accounts is existing between the complainant party and the accused. It is also submitted that the challan has not so far been submitted before the Court of competent jurisdiction, although the petitioners are behind the bars since 20-9-2003. It is further submitted that the case under section 489-D, P.P.C. is not made out, the offence under section 420, P.P.C. is bailable while the offence under section 411, P.P.C. does not fall within the prohibitory clause.

4. On the other hand, the learned State counsel has opposed the grant of bail on the ground that a very serious offence has been alleged against the petitioners which is an offence against the entire society.

5. Arguments have been heard and record perused.

6. There is no force in the submissions of the learned counsel for the petitioner that case under section 489-D is not made out against, the petitioners. The recovery of incriminating articles has been effected from the petitioners. The petitioners had also taken an additional/fresh ground for the grant of bail before the learned Sessions Judge, i6lamabad, wherein, it was prayed that if the allegation is found to be correct the complainant party is also liable to an equal charge of abetment in the same case. The offence alleged against the petitioner is of serious nature and recovery has also been effected from them and no mala fides of the police are manifest on the record the plea of bail of petitioners is rejected. The prosecution is however, directed to complete the investigations expeditiously and upon the submission of the challan the learned trial Court shall endeavour to conclude the trial with dispatch. H.B.T./Q-10/L Bail refused.