MUHAMMAD YOUNAS vs The STATE
This criminal petition concerns an application for post-arrest bail filed by the petitioner, Muhammad Younas, who was charged under the Foreign Exchange Regulation Act, 1947, for allegedly engaging in the illegal business of Hundi Hawala without a valid license or permit. The core legal question before the Peshawar High Court was whether the petitioner was entitled to the grant of bail given the nature of the offenses charged. The Court, without delving into the merits of the case, observed that the punishments prescribed for the offenses charged against the petitioner do not fall within the restrictive limb of Section 497 of the Code of Criminal Procedure 1898. Emphasizing the established legal principle that in such cases, the grant of bail is the rule and refusal is the exception, the Court found no exceptional circumstances warranting the denial of bail. Consequently, the petition was allowed, and the petitioner was admitted to bail subject to furnishing bail bonds to the satisfaction of the concerned Judicial Magistrate.
- Does the offense of engaging in illegal Hundi Hawala business fall within the restrictive limb of Section 497 of the Code of Criminal Procedure 1898?
- Is the grant of bail the rule and refusal the exception in cases where the offense does not fall within the restrictive limb of Section 497 of the Code of Criminal Procedure 1898?
- Section 4, Foreign Exchange Regulation Act 1947
- Section 23, Foreign Exchange Regulation Act 1947
- Section 497, Code of Criminal Procedure 1898
ORDER
ASSADULLAH KHAN CHAMKANI, J.---Petitioner Muhammad Younas, seeks bail in case FIR No.114 dated 10.11.2015, registered under sections 4/23, F.E.R. Act, 1947, in Police Station FIA/CBC, Peshawar, wherein he is charged by the FIA authorities for having been indulged in the business of Hundi Hawala illegally without any valid license or permit from the competent authority.
2. Arguments heard and record perused.
3. Without touching the merits of the case, suffice it to say that punishments of the offences with which the petitioner is charged, do not fall within the restrictive limb of section 497, Cr.P.C. And in such like cases bail is a rule and refusal thereof an exception. At the moment there exists no exceptional circumstance to obstruct the way of bail to petitioner.
4. Accordingly, this petition is allowed. Accused/petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs.3,00,000 with two local, reliable and resourceful sureties each in the like amount to the satisfaction of learned Illaqa Judicial Magistrate/MOD concerned.
Cited by 1 case
- MUHAMMAD HANIF vs The STATE 2018 MLD 927