Pakistan Case LawMUHAMMAD ASHRAF BUTT Versus THE STATE
This matter arises from a petition for leave to appeal filed by Muhammad Ashraf Butt against the dismissal of his post-arrest bail application by the Lahore High Court. The petitioner was implicated in a case registered under sections 489-A, 489-B, 489-C, and 489-D of the Pakistan Penal Code 1860, read with section 18 of the Emigration Ordinance 1979, following the alleged recovery of forged national and foreign currency notes and other documents. The core legal question was whether the petitioner was entitled to bail given the nature of the allegations and the lack of prima facie evidence connecting him to the actual forgery or emigration offences. The Supreme Court converted the petition into an appeal and held that the petitioner made out a case for bail, noting that the State could not controvert that mere possession of the forged currency notes constituted a bailable offence or that evidence existed regarding the emigration-related allegations. The Court laid down the principle that an accused is entitled to bail when the primary offences alleged regarding possession are bailable and prosecution fails to substantiate active involvement in non-bailable elements at the pre-trial stage.
- Is the mere possession of forged or counterfeit currency notes considered a bailable offence under the law?
- Whether an accused is entitled to bail when prosecution fails to establish active participation in forgery or emigration-related offences?
- Does the non-association of persons from the locality during a recovery pursuant to section 103 of the Code of Criminal Procedure 1898 affect the grant of bail?
ORDER
MANZOOR HUSSAIN SIAL, J.--Muhammad Ashraf Butt, the petitioner herein, seeks leave to appeal from order dated 20-2-1994, of the learned Judge in the Lahore High Court, whereby an application moved by the petitioner for his release on bail was dismissed.
The allegation against the petitioner is that at the pointing out of one Muhammad Akram co- accused national and foreign forged currency notes comprising Dollars, Irani Riyals, Visas and other documents were recovered from his possession, consequently a case under section 489-A, B, C, D, P.P.C., read with section 18 of the Emigration Ordinance, 1979, was registered against him and co-accused on 26-10-1993, at Police Station F.I.A., Passport Cell, Lahore.
The petitioner applied for his release on bail initially before the trial Court and thereafter in the High Court but failed before either of the Courts.
Learned counsel for petitioner contended that mere possession of forged or counterfeit currency notes is bailable offence, therefore, the petitioner is entitled to be released on bail at this stage. It was further submitted that there was no evidence available with the prosecution that the petitioner had forged the currency notes and other documents or that he had induced any one for emigration or that he received money from any person on that account. It was lastly contended that the recovery of the forged currency notes/dollars etc. Was in violation of the provision of section 103, Cr.P.C. As no person from the locality was associated to testify the recovery. Learned counsel appearing on behalf of the State was unable to controvert the assertion made on behalf of the petitioner that the mere recovery of the forged currency notes etc. From the possession of the petitioner was a bailable offence. He also could not show that the petitioner forged any document required for or related to emigration of any person and pursuaded any one for, emigration or that he obtained illegal gratification therefor.
Without expressing any opinion on the merits of the case, we feel that the petitioner has succeeded to make out a case for his release on bail. We accordingly convert this petition into appeal and direct the petitioner to be released on bail provided he furnishes bail bond in the sum of Rs,1,00,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner/M.I.C., Lahore.
Judges on this bench
- Saad Saood Jan2,559 judgments
- Muhammad Rafiq Tarar605 judgments
- Manzoor Hussain Sial807 judgments