1995SCMR48 (PLP)
MUHAMMAD ASHRAF BUTT‑‑‑Petitioner Versus THE STATE‑‑‑‑Respondent
| Citation | 1995SCMR48 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saad Saood Jan, Muhammad Rafiq Tarar and Manzoor Hussain Sial, JJ |
| Parties | MUHAMMAD ASHRAF BUTT‑‑‑Petitioner Versus THE STATE‑‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1995SCMR48 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995SCMR48 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saad Saood Jan, Muhammad Rafiq Tarar and Manzoor Hussain Sial, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995SCMR48 (PLP) (MUHAMMAD ASHRAF BUTT‑‑‑Petitioner Versus THE STATE‑‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Munir Ahmad Bhatti, Advocate Supreme Court and Abu Aasim Jafferi Advocate‑on‑Record for Petitioner.
- Kh. Shaukat Ali, Advocate Supreme Court for Respondent.
- Date of hearing: 28th March, 1994.
- Learned counsel for petitioner contended that mere possession of forged or counterfeit currency notes is bailable offence, therefore, the petitioner is entitled to be released on bail at this stage. It was further submitted that there was no evidence available with the prosecution that the petitioner had forged the currency notes and other documents or that he had induced any one for emigration or that he received money from any person on that account. It was lastly contended that the recovery of the forged currency notes/dollars etc. was in violation of the provision of section 103, Cr.P.C. as no person from the locality was associated to testify the recovery.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, dated 20‑2‑1994, in Cr. Misc. 390/B/1994). Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S. 489‑A/489‑B/489‑C/489‑D‑‑ Emigration Ordinance (XVIII of 1979), S.18‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Bail‑‑‑Accused was not shown to have forged any document required for or relating to emigration of any person nor was shown to have pursuaded any one for emigration or to have obtained illegal gratification therefore‑‑‑Contention that mere recovery of the forged currency notes etc. from the possession of accused was a bailable offence was not controverted by the prosecution‑‑‑‑Accused was admitted to bail in circumstances.
Judgment & Decree
MANZOOR HUSSAIN SIAL, J: ‑Muhammad Ashraf Butt, the petitioner herein, seeks leave to appeal from order dated 20‑2‑1994, of the learned Judge in the Lahore High Court, whereby an application moved by the petitioner for his release on bail was dismissed. The allegation against the petitioner is that at the pointing out of one Muhammad Akram co‑accused national and foreign forged currency notes comprising Dollars, Irani Riyals, Visas and other documents were recovered from his possession, consequently a case under section 489‑A, B, C, D, P.P.C., read with section 18 of the Emigration Ordinance, 1979, was registered against him and co‑accused on 26‑10‑1993, at Police Station F.I.A., Passport Cell, Lahore. The petitioner applied for his release on bail initially before the trial Court and thereafter in the High Court but failed before either of the Courts. Learned counsel for petitioner contended that mere possession of forged or counterfeit currency notes is bailable offence, therefore, the petitioner is entitled to be released on bail at this stage. It was further submitted that there was no evidence available with the prosecution that the petitioner had forged the currency notes and other documents or that he had induced any one for emigration or that he received money from any person on that account. It was lastly contended that the recovery of the forged currency notes/dollars etc. was in violation of the provision of section 103, Cr.P.C. as no person from the locality was associated to testify the recovery. Learned counsel appearing on behalf of the State was unable to controvert the assertion made on behalf of the petitioner that the mere recovery of the forged currency notes etc. from the possession of the petitioner was a bailable offence. He also could not show that the petitioner forged any document required for or related to emigration of any person and pursuaded any one for emigration or that he obtained illegal gratification therefor. Without expressing any opinion on the merits of the case, we feel that the petitioner has succeeded to make out a case for his release on bail. We accordingly convert this petition into appeal and direct the petitioner to be released on bail provided he furnishes bail bond in the sum of Rs.1,00,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner/M.I.C., Lahore. N.H.Q/M‑2058/S Bail granted.