2007 PLP 2890 (YLR)
ZAHID NISAR and another — Petitioners Versus THE STATE — Respondent
| Citation | 2007 PLP 2890 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Syed Shabbar Raza Rizvi, J |
| Parties | ZAHID NISAR and another — Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 2890 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 2890 (YLR)?
The case was heard and decided by the Lahore bench comprising: Syed Shabbar Raza Rizvi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 2890 (YLR) (ZAHID NISAR and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.A. Zafar for Petitioners.
- Asif Mahmood Cheema, D.P.G. Punjab and Ibrar S.-I. for Respondents.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S.489-B
Accused, according to F.I.R., were arrested when they were in possession of counterfeit currency notes
Question whether the case against accused was covered by S. 489-B or S. 489-C, P.P.C. was yet to be decided by Trial Court
Accused, according to a newspaper had been attested three, days prior to the occurrence
Police officials alone had attested the recovery memo.
Persecution case not only needed further probe but was also doubtful for purpose of hail, benefit of which would go to the accused
Judgment & Decree
SYED SHABBAR RAZA RIZVI, J
Learned counsel for the petitioner has filed this past-arrest bail on behalf of the petitioners who stands implicated in F.I.R. No. 1065 dated 25-10-2006. The said F.I.R. was registered at P.S. Sargodha Road, Faisalabad under section 489-B, P.P.C.
2. Briefly according to the F.I.R., on a secret information, petitioners were arrested from the Allied crossing. At the time of arrest 100 currency notes of Rs.500 and another. 100 currency notes of Rs.500 were recovered from both the petitioners respectively.
3. According to the learned counsel for the petitioners contents of F.I.R. itself show that the counterfeit currency notes were recovered from the petitioners possession and at the time of their arrest they were neither selling the same .nor trafficking them; therefore, the case is covered by section 489-C instead of 489-B. The learned counsel further submits that the newspaper "Daily Express" dated 22-10-2006 shows that petitioners were arrested by police on 21-10-2006 whereas, the instant F.I.R. was registered on 25-10-2006 and this also shows that the occurrence took place on the same, date i.e.. 25-10-2006.
4. The learned Deputy Prosecutor General, Punjab submits that challan in this case .has already been submitted on 4-11-2006 and charge has also been framed, therefore, this is not proper stage to release the petitioners on bail.
5. I have heard the learned counsel for the petitioners as well as learned Deputy Prosecutor General, Punjab. The contents of F.I.R. show that petitioners were arrested while they were in possession of counterfeit currency notes and according to the recovery memo. 495 counterfeit currency, notes were recovered from them. Whether the case is covered by section -489-B or 489-C will be decided by the trial Court. However, the F.I.R. shows that occurrence took place on 25-10-2006 but the newspaper shows that they were arrested prior to 22-10-2006. This conflict creates a doubt and provides reasonable grounds for further inquiry. Presence of doubt helps to the petitioners' case instead of prosecution's. Another fact is that in the recovery memo. only police officials are shown as recovery witnesses, that further makes the prosecution case doubtful for the purpose of bail.
6. As a sequel to the foregoing reasons, this bail application is allowed subject to petitioners' furnishing surety bonds in the sum of Rs.5;00,000 (five lacs) each with one surely each in the like amount to the satisfaction of trial Court/ Raga Magistrate. N.H.Q./Z-18/L??????????????????????????????????????????????????????????????????????????????????? Bail allowed.