ABDUL JABBAR Versus State
IJAZ-UL-HASSAN KHAN, J.-- - Abdul Jabbar, petitioner seeks bail in a case registered against him vide F.I.R. No.55, dated 7-2-2006, under section 489-B, P.P.C. at Police Station, East Cantt. Peshawar.
2. Case of the prosecution in brief is, that on 7-2-2006 at 2-30 p.m., during `Nakabandi' at Shami Road Chowk, a passenger bus was sighted coming from Jamrud side. The bus was stopped for checking. A person was found sitting in the bus in suspicious condition. He was alighted from the bus. On being inquired about his name and parentage, he disclosed his name as Abdul Jabbar son of Menadar, resident of Faiz Abad, Swat. The search of said person led to recovery of currency notes worth Rs.2,00,000, which were found counterfeit. He was formally arrested and a case was registered against him under section 489-B, P.P.C., vide F.I.R. No.57, dated 7-2-2006.
3. After having failed to procure bail from the Court of Judicial Magistrate on 25-2-2006 and the Court of learned Additional Sessions Judge, Peshawar on 9-3-2006, the petitioner has approached this Court with the similar prayer and in support of the bail application it is mainly contended by Mr. Yousaf Khan Yousafzai, Advocate, learned counsel for the petitioner, that from the contents of the F.I.R. no offence under section 489-B, Cr. P. C. is made out and at the most the offence would fall under section 489-B, P.P.C., which is punishable to 7 years' R.I. It is further submitted that the petitioner has no previous criminal history and the investigation is complete and no useful purpose would be achieved if the petitioner is allowed to remain in jail for indefinite period. To augument the contention, reliance was placed on Ghulam Dastagir v. The State 2005 PCr.LJ 405.
4. As against that, Mr. Obaidullah Anwar, learned Deputy Advocate-General opposed the bail application, maintaining that police officials have no enmity with the petitioner and counterfeit currency notes have been recovered from the petitioner, so he is not entitled to the concession of bail.
5. The applicability of section 489-B, P.P.C. shall be determined at the time of trial. Possession simpliciter of a counterfeit currency note does not constitute ingredients of section 489-A, P.P.C. This section deals with the sale, purchase, receipt or other trafficking of a counterfeit coins/currency notes. This section also deals with use of a counterfeit currency note as genuine, whereas section 489-C, P.P.C. deals with possession of any forged or counterfeit currency note. The contents of F.I.R. do not show that the petitioner was selling or buying the counterfeit currency note. At present, prima facie, this case is covered by section 489-C, P.P.C. and the maximum punishment provided for it is imprisonment of either description which may extend to 7 years or with fine or with both.
6. For what has been stated above, the petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs.3,00,000 with two sureties each in the like amount to the satisfaction of Illaqa Judicial Magistrate. The observations made above are tentative in nature and relates to the order in hand only. The learned trial Court will form its own opinion on the basis of evidence produced before it without being prejudiced by any other observation made by this Court while deciding the instant bail application.
H.B.T./73/P ???????????????????????????????????????????????????????????????????????????????????????? Bail granted.