1999 PLP 1301 (YLR)

Through this petition the petitioner seeks post arrest bail in case F.I.R. No.616 of 1998 under section 489‑B. P.P.C., dated 25‑11‑1998 registered with Police Station Yazman, District Bahawalpur. According to the F. I. R. the allegation against the petitioner is that the petitioner being in possession of a currency note of Rs.1,000 bearing No.58464863 tendered to the cashier of the National Bank of Pakistan for change and the cashier found that the said currency note was forged; further the petitioner tried to snatch, tear out, destroy the same and tried to run away. However; he was over powered by the police at duty. The said currency note was sent to the State Bank of Pakistan and according to the opinion of the State Bank of Pakistan it is a forged one. The petitioner's application for post arrest was dismissed by the learned Additional Sessions Judge, Bahawalpur vide order, dated 1‑3‑1999; hence this petition. The learned counsel for the petitioner, states, that the petitioner has been trapped in, otherwise the petitioner being patty shop keeper was given the said currency note by one of his customer and thereafter, the petitioner went to get the change from the National Bank of Pakistan. Otherwise it is beyond the normal human behaviour to go to Bank for change with a forged currency note, at least the petitioner would not have gone himself to National Bank for its change: Learned counsel argued that there was no mens rea in this case; further argued that in the circumstances of the case section 489‑B, P.P.C. is not attracted because the petitioner did not use the said currency note as genuine and maximum offence under section 489‑C, P.P.C. is attracted which is otherwise bailable; further argued that the prosecution has failed to connect the petitioner with any gang or group of persons to establish that the petitioner knowingly tried to use the forged currency note; hence mens rea is missing, therefore, the petitioner is entitled to the concession of bail. The learned counsel appearing on behalf of State, argued that the petitioner was well‑aware of the fact that the currency note, he tendered to the bank/cashier is a forged one because the subsequent behaviour of the petitioner fully supports that the petitioner was aware of the fact that the currency note was forged; further argued that the petitioner had tendered the currency note to the cashier and used the same for getting change; hence section 489‑B, P.P.C. is fully attracted and offence with which the petitioner has been charged falls within the prohibitory clause; hence the petitioner is not entitled to the concession of bail. S.H.O. Police Station Yazman, present in Court alongwith record, states that in this case challan has been submitted in the Court on 20‑12‑1998 and now the petitioner is facing the trial; however, no evidence has yet been recorded. I have considered the arguments of the learned counsel for both the parties and have perused the record. The record shows that the said currency note was forged one, as opined by State Bank of Pakistan and the petitioner did use the forged currency note as genuine as he tendered the same for getting change from the cashier. However, the question whether the petitioner had the knowledge or had reason to believe that the said currency note was forged is yet to be established at trial by way of evidence; hence it is a case of further inquiry. Furthermore, the petitioner is in jail since 25‑11‑1998 anti despite submission of challan since 20‑12‑1998, the prosecution has not produced any evidence yet, therefore, the conclusion of trial is not expected in near future. The bail cannot be withheld as punishment. In the circumstances, the petitioner is granted bail subject to furnishing the bail bonds in the sum of Rs.50,000 (Fifty thousand) with two sureties in the like amount to the satisfaction of the trial Court. Bail granted. Q.M.H./M.A.K./M‑1051/L