GHULAM MUSTAFA Versus State
This is a criminal bail application filed by Ghulam Mustafa seeking post-arrest bail in case F.I.R. No. 507 dated 24-7-2004, registered under Section 489-B of the Pakistan Penal Code 1860 at Police Station West Cantt, Peshawar, after his earlier bail plea was rejected by the lower courts. The core legal question was whether the petitioner was entitled to bail given that the recovery of counterfeit currency from his possession raised an arguable point as to whether the offense fell under Section 489-B or Section 489-C of the Pakistan Penal Code 1860. The Peshawar High Court held that the case at this stage pertained to mere possession of forged notes, which attracted Section 489-C of the Pakistan Penal Code 1860, an offense whose punishment does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Consequently, the court accepted the application and granted post-arrest bail to the petitioner, establishing the principle that offenses falling outside the prohibitory clause warrant bail unless exceptional circumstances are shown.
- Whether mere possession of counterfeit currency attracts Section 489-B or Section 489-C of the Pakistan Penal Code 1860 at the bail stage?
- Does the punishment for an offense under Section 489-C of the Pakistan Penal Code 1860 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is an accused entitled to post-arrest bail when the alleged offense does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Section 489-B, Pakistan Penal Code 1860
- Section 489-C, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
1. Ghulam Mustafa, accused/ petitioner, through the instant application seeks his release on bail in case F.I.R. No.507 dated 24-7-2004, under section 489-B, P.P.C., Police Station, West Cantt. Peshawar, as the request of the petitioner for release on bail has already been declined by the learned Courts below.
2. The charge against the accused/petitioner is that he was allegedly apprehended by the local police of Police Station, West Cantt., Peshawar and recovered from his possession 60 counterfeit currency notes, each note of 1000 denomination.
3. After hearing arguments of the learned counsel for the parties, I am of the view, that the case against the accused/petitioner is arguable for the purposes of bail as from the contents of the F.I.R. it transpires that it is a case of mere possession against the petitioner and it is yet to be decided whether the case against the petitioner falls under the provision of section 489-B or section 489-C and whether the accused/petitioner had or did not have the knowledge that the said notes were forged, 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' section 489-C, P.P.C., the punishment of which does not fall under the prohibitory clause of section 497, Cr.P.C.
4. Thus without prejudice to the merits of the case, I accept this application and allow bail to the accused/petitioner in the sum of Rs. One lac with two sureties each in the like amount to the satisfaction of Judicial/Illaqa/Duty Magistrate.
5. H.B.T./443/P Bail granted.
Cited by 2 cases
- Syed ARIF HUSSAIN SHAH vs THE STATE 2008 MLD 483
- Mst. MUMTAZ BEGUM and 4 others vs MAQSOOD AHMAD and 15 others 2005 YLR 2328