2009 PLP 195 (YLR)

MUHAMMAD ALAM KHAN, J.--Having failed to secure bail from the Court of Judicial Magistrate and learned Addl. Sessions Judge-I Abbottabad by Muhammad Khan son of Naurang Khan petitioner who is charged in case F.I.R. No.810 dated 6-7-2008 under section 489-B, P.P.C. of Police Station Cantt. Abbottabad, has come to this Court seeking his release on bail.

2. Facts of the case as gleaned from the F.I.R. are that on 6-7-2008 at 16-00 hours near the Lady Garden Abbottabad Asaf Gohar Khan Inspector C.I.A. Abbottabad along with Abdul Hafeez A.S.-I. Muhammad Rafiq HC and other police constables of C.I.A. staff were on Gasht near the scene of occurrence when they received spy information that Muhammad Khan Class IV employee of police has brought forged currency notes for sale. On this the police party arrested the accused and during the search from the right side pocket one packet of forged notes of Rs. 100 denomination was recovered. Similarly a leather purse and Rs.8000 Pakistani currency notes and three cheques of various Banks, a National Identity Card were also recovered from the possession of the accused. The forged currency notes were sealed into a separate parcel for verification and the accused was arrested. The accused as stated earlier, submitted an application to the learned Judicial Magistrate, who rejected the bail application, then he approached the Court of Additional Sessions Judge-I Abbottabad, who vide order dated 17-7-2008 rejected the application, hence the present bail application.

3. I have heard the learned counsel for the petitioner as well as Mr. Hafizul Asad learned State counsel and with their assistance have scanned the record of the case.

4. Learned counsel for the petitioner submitted that the petitioners is innocent and has been falsely involved in the case. It was also argued that the petitioner is a civil servant of the police department and due to internal rivalry has been falsely roped in the case. Learned counsel lastly argued that even if the recovery of alleged counterfeit currency notes is proved, it has not been used and in that case the provisions of section 489-B, P.P.C. will not be applicable and the same will not entail the maximum punishment, thus prayed for enlargement of the petitioner on bail.

5. Mr. Hafizul Asad learned counsel for the State vehemently argued that the accused-petitioner is directly charged in the F.I.R. and huge packet of forged currency notes of Rs.100 denomination has been recovered from the possession of the petitioner. Thus he is prima facie guilty under section 489-B, P.P.C. punishment of which attracts the embargo laid down in section 497, Cr.P.C. and thus, is not entitled to the concession of bail.

6. I have anxiously considered the arguments of the learned counsel for the parties and have minutely scanned the record of the case.

7. Perusal of the record reveals that allegedly the forged currency notes have been recovered from the possession of the accused, which by then had not been used or passed on. In such like situation the question of applicability of correct section of law i.e. 489-B or 489-C, P.P.C. will arise while the prosecution will have to prove during the trial of the case which makes the case of the petitioner as one of further inquiry. Besides also the accused-petitioner is a class IV Government servant and there is no apprehension of this absconsion so he deserves to be released on bail. In view of the facts and circumstances of the case narrated above the instant bail application is allowed and the petitioner is ordered to be released on bail provided he furnishes bail bonds in the sum of Rs.100,000 (one lac) with two sureties each in the like amount to the satisfaction of the Illaqa/Judicial Magistrate. Above are the reasons for my short order dated 22-8-2008. H.B.T./172/P?????????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.