ZAHID NISAR and another vs THE STATE
This matter concerns a post-arrest bail application filed by the petitioners, who were charged under Section 489-B of the Pakistan Penal Code 1860 for the alleged possession and trafficking of counterfeit currency notes. The core legal question was whether the petitioners were entitled to bail given the conflicting evidence regarding the date of their arrest and the nature of the recovery. The petitioners argued that the recovery of counterfeit notes fell under Section 489-C rather than Section 489-B, and that newspaper reports contradicted the prosecution's timeline of the arrest. The Court held that the discrepancy between the F.I.R. date and the newspaper reports regarding the arrest date created reasonable doubt, which must be resolved in favor of the accused at the bail stage. Furthermore, the Court noted that the reliance solely on police officials as recovery witnesses cast doubt on the prosecution's case. Consequently, the Court granted post-arrest bail, establishing the principle that material contradictions in the prosecution's timeline and the absence of independent recovery witnesses provide sufficient grounds for further inquiry, thereby justifying the grant of bail.
- Does a discrepancy between the F.I.R. date and external evidence regarding the date of arrest provide sufficient grounds for further inquiry in a bail application?
- Can the reliance solely on police officials as recovery witnesses create doubt in the prosecution's case for the purpose of bail?
- Is the determination of whether an offense falls under Section 489-B or 489-C of the Pakistan Penal Code 1860 a matter to be decided by the trial court rather than at the bail stage?
- Section 489-B, Pakistan Penal Code 1860
- Section 489-C, Pakistan Penal Code 1860
ORDER
' SYED SHABBAR RAZA RIZVI, J.-Learned counsel for the petitioner has filed this post-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 petitioner 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. 24-10-2006.
2. 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.
6. 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.
7. 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 surety each in the like ' amount to the satisfaction of trial Court/ Ilaqa Magistrate.