2009 PLP 1217 (YLR)
ABDUL AZIZ and another — Applicants Versus THE STATE — Respondent
| Citation | 2009 PLP 1217 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Khawaja Naveed Ahmed, J |
| Parties | ABDUL AZIZ and another — Applicants Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 1217 (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 2009 PLP 1217 (YLR)?
The case was heard and decided by the Karachi bench comprising: Khawaja Naveed Ahmed, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 1217 (YLR) (ABDUL AZIZ and another — Applicants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- KHAWAJA NAVEED AHMED, J.---This bail application was filed by Mr. Sathi M. Ishaq on behalf of Abdul Aziz and Ghulam Abbas. Brief facts of the prosecution case are that on 20-4-2008 complainant Noorul Islam has lodged report under sections 489-B, C, 420, 34, P.P.C. stating therein that he is doing business of `Chalia' / Beatle nuts. Three persons namely Ghulam Abbas, Haroon Rafiq and Abdul Aziz known to him in connection with business. On 19-4-2007 Haroon Rafiq had placed an order on telephone that he wanted thirty cartons of Shama Tasty Chalia. He had further told him to bring the cartons at the house of complainant and accused will collect the same from his house in the night upon making payment. It is stated in the F.I.R. that at 11-45 in the night Ghulam Abbas, Haroon Rafique and Abdul Aziz had come to his house and taken delivery of Chalia. He has stated that he had given cash amounting to Rs.1,55,000 and had taken away the cartons. The complainant stated that when he started counting the notes he found the packet containing 1000 rupees notes had endorsement "Eid Mubarak" and "Bachon Ka Khazana". He further stated that in the meantime police arrived at the place of incident in a light roof vehicle and had apprehended the accused persons along with Chalia. Police had taken in custody the currency notes produced by the complainant. Accused were arrested from the spot. They had applied for bail in the trial Court which was rejected. Hence this present bail application is moved in the High Court. Notice was given to learned Advocate-General.
- I have heard Mr. Sathi M. Ishaq, Advocate for the applicants who has argued that from the contents of F.I.R. a case of cheating is made out and no case of using fake currency notes is made out as the currency notes alleged to have been used in this case are not the forged or fake notes but are printed for the children with an endorsement of `Eid' Mubarik and `Bachon Ka Khazana'. The recovered currency notes have nothing to do with notes issued by Government of Pakistan or State Bank of Pakistan.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss.489-B, C, 420 & 34
From the contents of F.I.R. and recovery of currency notes, it was clear that accused had deceived the complainant and had deprived him of his valuable goods
Applicability of S.489-B, P.P.C. in the case, however, required further inquiry by way of evidence in the Trial Court
Pending such inquiry, bail was granted to the accused. Sathi M. Ishaq for Applicants. Haji Abdul Majeed for the State.
Judgment & Decree
KHAWAJA NAVEED AHMED, J.
This bail application was filed by Mr. Sathi M. Ishaq on behalf of Abdul Aziz and Ghulam Abbas. Brief facts of the prosecution case are that on 20-4-2008 complainant Noorul Islam has lodged report under sections 489-B, C, 420, 34, P.P.C. stating therein that he is doing business of `Chalia' / Beatle nuts. Three persons namely Ghulam Abbas, Haroon Rafiq and Abdul Aziz known to him in connection with business. On 19-4-2007 Haroon Rafiq had placed an order on telephone that he wanted thirty cartons of Shama Tasty Chalia. He had further told him to bring the cartons at the house of complainant and accused will collect the same from his house in the night upon making payment. It is stated in the F.I.R. that at 11-45 in the night Ghulam Abbas, Haroon Rafique and Abdul Aziz had come to his house and taken delivery of Chalia. He has stated that he had given cash amounting to Rs.1,55,000 and had taken away the cartons. The complainant stated that when he started counting the notes he found the packet containing 1000 rupees notes had endorsement "Eid Mubarak" and "Bachon Ka Khazana". He further stated that in the meantime police arrived at the place of incident in a light roof vehicle and had apprehended the accused persons along with Chalia. Police had taken in custody the currency notes produced by the complainant. Accused were arrested from the spot. They had applied for bail in the trial Court which was rejected. Hence this present bail application is moved in the High Court. Notice was given to learned Advocate-General. I have heard Mr. Sathi M. Ishaq, Advocate for the applicants who has argued that from the contents of F.I.R. a case of cheating is made out and no case of using fake currency notes is made out as the currency notes alleged to have been used in this case are not the forged or fake notes but are printed for the children with an endorsement of `Eid' Mubarik and `Bachon Ka Khazana'. The recovered currency notes have nothing to do with notes issued by Government of Pakistan or State Bank of Pakistan. Haji Abdul Majeed learned counsel for State does not controvert the factual position of the case and applicability of wrong provisions of Penal Code in the F.I.R. and challan. I have heard both the learned counsel and have perused the record. From the contents of F.I.R. and recovery of notes it is clear that accused/appellant have deceived the complainant and have deprived him of his valuable goods amounting to Rs.1,55,
000. In my humble view the applicability of section 489-B, P.P.C. in this case requires further inquiry by way of evidence in the trial Court and pending such inquiry, I grant bail to the applicants on furnishing surety in the sum of Rs.25000 each and P. R. bond in the like amount to the satisfaction of the trial Court. H.B.T./A-171/K Bail granted.