2005 PLP 2337 (YLR)
GHULAM MUSTAFA — Petitioner Versus THE STATE — Respondent
| Citation | 2005 PLP 2337 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Malik Hamid Saeed, J |
| Parties | GHULAM MUSTAFA — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 2337 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 2337 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Malik Hamid Saeed, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 2337 (YLR) (GHULAM MUSTAFA — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Aftab Khan for Petitioner.
- Date of hearing: 31st January, 2005.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S.489-B
From the contents of F.I.R., it transpired that it was a case of mere possession against accused and it was yet to be decided whether case against accused fell under provisions of S.489-B or S.489-C, P.P.C. and whether accused had or did not have the knowledge that currency notes in question were forged
Case of prosecution pertained only to the recovery of forged and counterfeit currency notes which attracted provisions of S.489-C, P.P.C., punishment of which did not fall under prohibitory clause of S.497, Cr.P.C.-Accused was admitted to bail, in circumstances. Miss Neelam Khan for the State.
Judgment & Decree
Ghulam Mustafa, accused/ petitioner, through the instant application seeks his release on bail in case F.I.R. No.507 dated 24-7-2004, under section 489-B, P.P.C., Police Station, West Cantt. Peshawar, as the request of the petitioner for release on bail has already been declined by the learned Courts below. The charge against the accused/petitioner is that he was allegedly apprehended by the local police of Police Station, West Cantt., Peshawar and recovered from his possession 60 counterfeit currency notes, each note of 1000 denomination. After hearing arguments of the learned counsel for the parties, I am of the view, that the case against the accused/petitioner is arguable for the purposes of bail as from the contents of the F.I.R. it transpires that it is a case of mere possession against the petitioner and it is yet to be decided whether the case against the petitioner falls under the provision of section 489-B or section 489-C and whether the accused/petitioner had or did not have the knowledge that the said notes were forged, anyhow, at this stage the case of the prosecution pertains only to the recovery of forged and counterfeit currency notes, which attracts the provisions of' section 489-C, P.P.C., the punishment of which does not fall under the prohibitory clause of section 497, Cr.P.C. Thus without prejudice to the merits of the case, I accept this application and allow bail to the accused/petitioner in the sum of Rs. One lac with two sureties each in the like amount to the satisfaction of Judicial/Illaqa/Duty Magistrate. H.B.T./443/P Bail granted.