2021 PLP 729 (SCMR)
SAMI ULLAH — Petitioner Versus The STATE — Respondent
| Citation | 2021 PLP 729 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Manzoor Ahmad Malik, Mazhar Alam Khan Miankhel and Amin-ud-Din Khan, JJ |
| Parties | SAMI ULLAH — Petitioner Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2021 PLP 729 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2021 PLP 729 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Manzoor Ahmad Malik, Mazhar Alam Khan Miankhel and Amin-ud-Din Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2021 PLP 729 (SCMR) (SAMI ULLAH — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Hussain Yousafzai, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner.
- Ms. Ayesha Tasneem, Advocate Supreme Court and Hidayat, SI for the State.
Headnotes / Summary
(Against the order dated 29.01.2021 passed by the Peshawar High Court, Peshawar in Crl. Misc. B.A. No. 169-P of 2021)
S. 497(2)
Penal Code (XLV of 1860), Ss. 489-B & 489-C
Using as genuine, forged or counterfeit currency-notes
As per contents of FIR, allegation against the accused was that at the time of his arrest, forged local currency notes of 1000 domination were recovered from his possession
Even from the contents of FIR, prima facie the provisions of S. 489-C, P.P.C. were attracted (and not S. 489-B, P.P.C) as there was no allegation against the accused of using as genuine forged or counterfeit currency notes allegedly recovered from him
Nevertheless, it was for the Trial Court to determine finally whether provisions of S. 489-B or 489-C, P.P.C. were attracted, after recording evidence
Case against the accused called for further enquiry falling within the ambit of S. 497(2), Cr.P.C.
Petition for leave to appeal was converted into appeal and allowed, and accused was granted bail. Ms. Ayesha Tasneem, Advocate Supreme Court and Hidayat, SI for the State.
Judgment & Decree
MANZOOR AHMAD MALIK, J.
Petitioner has called in question order dated 29.01.2021 whereby bail was refused to him by the learned Peshawar High Court, Peshawar in case FIR No. 968 dated 28.12.2020, offence under section 489-B, P.P.C., registered at P.S. Mattani, Peshawar.
2. After hearing the learned counsel for the petitioner and learned counsel appearing on behalf of State at length and perusal of available record with their assistance, it has been observed by us that as per contents of FIR, allegation against the petitioner is that at the time of his arrest, forged Pakistani currency notes of 1000 domination were recovered from his possession. Even from the contents of FIR, prima facie the provisions of section 489-C, P.P.C. are attracted in this case as there is no allegation against the petitioner of using as genuine forged or counterfeit currency notes allegedly recovered from him. Nevertheless, it is for the learned trial Court to determine finally whether provisions of sections 489-B or 489-C, P.P.C. are attracted in this case, of course, after recording evidence. As of now, case against the petitioner calls for further enquiry falling within the ambit of section 497(2), Code of Criminal Procedure.
3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed. Appellant Sami Ullah is allowed bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs.100,000/- (Rupees one hundred thousand) with one surety in the like amount, to the satisfaction of the trial court. MWA/S-14/SC Bail granted.