2007 PLP 1018 (YLR)

MRS. QAISER IQBAL, J.--Applicant Riaz Ahmed son of Muhammad Saeed has resorted to file bail application under section 498, Cr.P.C. in Crime No.145 of 2006 under section 489-D/34, P.P.C. registered at Police Station, Docks, Karachi. His bail application was rejected by Ist Additional Sessions Judge, Karachi West therefore, he has resorted to file the present bail application. Precisely the facts disclosed in the First Information Report -are reproduced herein below in extentso: "The complainant stated in verbatim, I reside along with my family' of the above said address for the last 15 years. I have my own shop situated at Mehrban Chowk, Muhammadi Colony. About 3-1/2 years ago, I had given Rs.4,25,000 to one Ghulam Hussain son of Jamal Khan in presence of three witnesses for the purpose of establishing an Estate .Agency. After receiving above said amount the said Ghulam Hussain son of Jamal disappeared from Karachi, I was searching him. During probe, I came to know that a group of 30 persons including Ghulam Hussain son of Jamal Khan, Riaz Ahmad son of Muhammad Saeed swindling people and running a business of counterfeiting currency note. Therefore, I continued my enquiry. On 15-8-2006 I phoned to Riaz son of Muhammad Saeed at Lahore and invited him to Karachi with the pretext to set up a business of counterfeiting currency note at Karachi. I tempted him to establish a partnership business of counterfeiting currency note, whereupon Riaz Ahmad son of Muhammad Saeed agreed immediately. He informed me that he is an expert of such trade and he had earlier committed a fraud of Rs.35,000 with a person at his native village District Jhung. Thereafter, Riaz Ahmad brought complete apparatus used for making counterfeiting currency note and prepared a currency note of Rs.100 denotation as a sample and then got purchased goods from a hotel. One person Ghulam Hussain son of Jamal Khan of the said group had already defrauded me of Rs.4,75,

000. Therefore, I with the help of one of my area fellows namely Nizamuddin son of Lal Wali apprehended Riaz Ahmad son of Muhammad Saeed along with the instruments for making counterfeiting currency note. Now I along with Nizamuddin had come to police station and produced accused Riaz Ahmad son of Muhammad Saeed along with apparatus of making counterfeiting currency note for legal action. Action be taken. Report heard and found correct." Mr. Mehmood Alam Qureshi learned counsel for applicant has contended that the applicant has been connected in commission of unnatural offence, the complainant in order to take revenge from Riaz Ahmad engaged .the applicant in establishing the counterfeit currency business in partnership on the basis of the material allegedly secured by the investigating agency at the behest of the complainant which by no stretch of imagine could be used in the process of preparation of counterfeit currency. The evidence collected by the prosecution requires further inquiry into the guilt of the accused. In support of the above contention reliance is placed on the case of Abdul Aziz Khan Niazi v. The State PLD 2003 SC

668. Mr. Agha Zafir learned A.A.-G. has opposed the bail application contended that sufficient evidence is available to connect the accused in the commission of `the offence. I have considered the arguments advanced at the bar. The bail cannot be withheld merely on the basis of presumption of guilt. For such circum stances would be regarding the true character of-the prosecution and the nature of offence which was allegedly committed. The evidence in the hand of the prosecution suggests that the complainant to take revenge from Riaz Ahmad who has cheated him has consciously involved the applicant in the offence of making counterfeit currency note. It is a matter of record that counterfeit currency notes were not secured from the possession of the applicant nor the material seized by the police through the complainant could be used for preparing counterfeit currency note. I am therefore, of the view that the case against the applicant requires further inquiry within the ambit of subsection (2) of section 497, Cr.P.C. The applicant is admitted to bail subject to furnishing solvent surety in the sum of Rs.1,00,000 (Rupees one lac only) and P.R. bond in the like amount to the satisfaction of the trial Court. H.B.T./R-8/K Bail granted.