2017 M L D 737
[Balochistan]
Before Zaheer- ud-Din Kakar, J
QURBAN ALI and another ---Applicants
Versus
The STATE---Respondent
Criminal Bail Application No.(s)125 of 2016, decided on 14th December, 2016.
(a) Criminal Procedure Code (V of 1898) ---
----S. 497 ---Penal Code (XLV of 1860), Ss. 489- B & 489- C---Using as genuine, forged or
counterfeit currency -notes or Bank- notes, possession of forged or counterfeit currency -notes or
Bank -notes ---Bail, grant of ---Further inquiry ----Allegation against the a ccused persons was that
forged Saudi Riyal amounting to 35,500 were recovered from their possession---Record showed
that it was a case of mere possession and it was yet to be determined that whether the case
against the accused persons fell under the provi sion of S. 489- B or 489- C, P.P.C. and whether
accused persons had or not the knowledge that the recovered notes were forged---Attending
circumstances suggested that case of prosecution pertained only to the recovery of forged and
counterfeit currency notes , which attracted the provisions of 489- C, P.P.C.--- Offence did not fall
within the prohibitory clause of S.497, Cr.P.C.--- Investigation of the case had been completed---
Challan had been submitted before the Trial Court and accused persons were no more required
for investigation---Accused persons, in circumstances were allowed bail.
(b) Criminal Procedure Code (V of 1898) ---
----S. 497--- Bail---Principle ---Observations made in bail matter were tentative in nature and
same would not affect the final decisio n of the case
Adnan Ejaz for Applicants.
Abdul Latif Kakar, Addl: P.G. for the State.
Date of hearing: 9th December, 2016.
ORDER
ZAHEER -UD-DIN KAKAR, J. ---The applicants seek bail after arrest in case FIR
No.44 of 2016 dated 10.11.2016, under sections 489- B and C and 34, P.P.C., registered with City
Police Station, Sui, district Dera Bugti, on the complaint of Inspector Aziz Ahmed. The applicant
was refused bail by the Sessions Judge, Dera Bugti at Sui vide order dated 1.12.2016.
2. The prosecution stor y as given in the order dated 01.12.2016 briefly stated as follows: --
"Succinctly stated Taos of the prosecution case as gleaned from FIR are that complainant
IP Aziz Ahmed lodged an FIR vide Crime No.44/2016 with Police Station City Sui,
stating therein that on 10th day of November 2016, he along with other police personnel
were reached at Liaquat Shaheed Check Post at Kashmore Road Sui, where ASI Allah
Wassayo (Incharge check post) and other police personnel were already present there.
The informer gave i nformation that two persons are coming from Kashmore side having
forged Saudi Riyal, so they blocked Naka. At about 06.00 P.M. two persons were coming
on CD -70 motorcycle found them suspicious signal them, but they on seeing the police
party tried to escap e, but they apprehended them. On inquiry they disclosed their names
as Qurban Ali son of Badal and Rakhia Khan son of Ghous Bakhsh, thereafter their
personal search have been conducted, during the personal search of accused Qurban Ali
recovered 71 forged n otes of Saudi Riyal bearing Serial No.(1) 554 -329261 to (71)
554329400 recovered from the right side pocket of his shirt while during the personal
search of accused Rakhia Khan recovered 49 notes of Saudi Riyal bearing serial No. (1)
554-329301 to (49) 554 -329249 whereas one forged note of Rs.200/ - Saudi Riyal bearing
No.028146337 and one forged note of Rs. 100/ - Saudi Riyal bearing No.193116603 from
the right side of his shirt. That total amount of Saudi Riyal Rs.60300/ - were recovered
from both the accuse d persons and the same were taken into possession through recovery
memo in the presence of witnesses namely Allah Wassayo ASI and Abdul Malik H/C and
prepared sealed parcel Nos.1 and 2. Consequently upon this incident instant FIR of the
case was registered against the accused/applicant on 10th day of November, 2016."
3. Heard arguments and perused the record. The charge against the applicants is that they
were allegedly apprehended by the local police of City Police Station, Sui and recovered from
their pos session forged Saudi Riyal amounting to 35,500/. After hearing the learned counsel for
the parties, I am of the view, that the case against the applicants are arguable for the purposes of
bail as from the contents of the FIR, it transpires that it is a cas e of mere possession against the
applicants and it is yet to be decided whether the case against the applicants fall under the
provision of section 489- B or 489- C, P.P.C. and whether the applicants had or did not at the
knowledge that the said notes were f orged, anyhow, at this stage the case of the prosecution
pertains only to the recovery of forged and counterfeit currency notes, which attracts the
provisions of 489- C, P.P.C., the punishment of which does not fall under the prohibitory clause
of section 497, Cr.P.C. Furthermore, the investigation of the case has been completed and
challan has been submitted before the trial Court and they are no more required at this stage for
the purpose of investigation.
4. Thus, without prejudice to the merits of the ca se, I accept this application and allow bail
to the applicants subject to furnishing surety bond to the tune of Rs.200,000/ - each (rupees two
lac) with PR bond of the like amount each to the satisfaction of the trial Court or Additional
Registrar of this C ourt.
Before parting with this order, it is markedly mentioned that observations made op- cit are
of tentative in nature, the same will not cause any effect to the mind of the trial Court at the time
of final decision of the case.
JK/11/Bal Bail g ranted.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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