P L D 1993 Peshawar 104 (PLP)

(b) Criminal Procedure Code (V of 1898)‑‑ ‑‑‑‑S. 497‑‑‑Penal Code XLV of 1860), S.489‑C‑‑‑Bail‑‑‑When an offence is also punishable with fine only, accused shall be entitled to bail as of right because if at the trial he is only sentenced with fine, period as under trial prisoner due to refusal of bail shall amount to a case of double jeopardy. Ghufranuddin for Petitioner. Malik Hamid Saeed, A.A.‑G. for the State. Date of hearing: 8th March, 1993. There was carried a personal search of the accused on suspicion while sitting in a Second Class compartment of Khushal Express train by the Railway Police and one hundred forged currency notes of Rs. 100 denomination each wrapped in an envelope were recovered from the side pocket of his shirt. The recovery memo. was witnessed by Railway Police personnel only. Accused -petitioner made a judicial confession that he has come to Peshawar on tour and went to Bara where he saw forged currency notes and falling victim of greed he purchased ten thousand rupees notes for Rs.4,500 and afterwards he boarded the train at Railway Station Peshawar Cantt. that he was arrested.

2. Learned counsel for the accused‑petitioner contended that the above facts were at the most to make it a case of possession of forged currency notes punishable under section 489‑C, P.P.C. with 7 years' imprisonment or fine or both and that the said offence is bailable. On the other hand, learned Additional Advocate‑General argued that the petitioner was arrested in a train on board at the platform and that he shall be deemed trafficking in the forged currency notes and his case shall be covered by section 489‑B, P.P.C. punishable with imprisonment for life or imprisonment up to 10 years and also fine and that the said offence is non‑bailable as well covered by the prohibitory clause contained in subsection (1) of section 497, Cr.P.C.

3. The meanings of word `traffic in' were ascertained from the Black's Law Dictionary (Revised Fourth Edition) to mean commerce, trade, sale or exchange of merchandise, bills, money and the like and the passing of goods or commodities from one person to another. In the case there has not come forth evidence that the accused‑petitioner has been trading in the forged currency notes. His case is on border line. Prima facie his cage has been found one of possession of forged currency notes covered by section 489‑C, P.P.C. which is bailable and also punishable with imprisonment or fine or both. It is remarked that when an offence is also punishable with fine only, accused shall be entitled to bail as of right because if at the trial he is only sentenced with fine, period as under‑trial prisoner due to refusal of bail shall amount to a case of double jeopardy. In the circumstances, accused petitioner shall he released on bail in case be furnishes bail bonds in the sum of 20,000 with two local sureties of means in the like amount each to the satisfaction of the Illaqa/Duty Magistrate. N.H.Q./1452/P Bail allowed.