ABDUL AZIZ and another vs THE STATE
This bail application arose from a criminal case where the applicants were charged under sections 489-B, 489-C, 420, and 34 of the Pakistan Penal Code 1860, following allegations of paying for goods with currency notes marked 'Eid Mubarak' and 'Bachon Ka Khazana'. The applicants sought post-arrest bail after the trial court rejected their initial application. The core legal question was whether the use of children's play money, marked as such, constituted the offense of using forged or counterfeit currency notes under section 489-B of the Pakistan Penal Code 1860. The High Court observed that the state did not controvert the factual position regarding the nature of the notes. Holding that the applicability of section 489-B of the Pakistan Penal Code 1860 required further inquiry through evidence at trial, the Court granted bail to the applicants. The key principle laid down is that where the applicability of specific penal provisions regarding counterfeit currency is debatable based on the nature of the recovered items, the matter warrants further inquiry, justifying the grant of bail pending trial.
- Does the use of children's play money marked with 'Eid Mubarak' and 'Bachon Ka Khazana' constitute an offense under section 489-B of the Pakistan Penal Code 1860?
- Is the applicability of section 489-B of the Pakistan Penal Code 1860 a matter requiring further inquiry when the nature of the currency notes is disputed?
- Section 489-B, Pakistan Penal Code 1860
- Section 489-C, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. ' KHAWAJA NAVEED AHMED, I.---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 Thalia' / Beatle nuts. Three persons namely Ghulam Abbas, Haroon Rafiq and Abdul Aziz known to him in connection with business. On 1-4-2007 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.
2. He has stated that he had given cash amounting to Rs,1,55,000 and had taken away the cartons.
3. 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.
4. ' 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.
5. ' 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.
6. ' I have heard both the learned counsel and have perused the record. From the contents of F.I.R.
7. 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.