ASHFAQ HUSSAIN vs THE STATE
This matter concerns a petition for post-arrest bail filed by the accused, who was charged under Section 489-B of the Pakistan Penal Code 1860, following allegations of uttering counterfeit currency notes to police employees. The core legal question was whether, given the allegations of circulating counterfeit currency and the subsequent recovery of such notes, the petitioner was entitled to the concession of bail. The petitioner argued that there was no direct evidence of his involvement in the distribution and that the recovery of notes merely constituted an offence under Section 489-C, which is bailable. The State opposed the bail, citing the gravity of the offence and the prima facie involvement of the accused. The Court held that while a prima facie case under Section 489-B was established, the investigation was incomplete, specifically regarding the source of the counterfeit currency and the identification of the primary purchaser. Consequently, the Court granted post-arrest bail, emphasizing that the lack of investigative progress regarding the origin of the counterfeit notes warranted the concession of bail pending trial.
- Does the recovery of counterfeit currency notes from an accused automatically preclude the grant of bail for an offence under Section 489-B of the Pakistan Penal Code 1860?
- Is a case considered one of further inquiry when the police fail to identify the source of the counterfeit currency?
- Can bail be granted when the investigation into the origin of the alleged counterfeit currency remains incomplete?
- Section 489-B, Pakistan Penal Code 1860
- Section 489-C, Pakistan Penal Code 1860
ORDER
Petitioner seeks post arrest bail in case F.I.R. No. 240, dated 2-6-2000 under section 489-B, P.P.C.
Registered at Police Station Factory Area, Lahore. The case was registered against the petitioner, Muhammad Anwer, H.C. And A.I Muhammad-C, with the allegations that they had uttered counterfeit currency notes to various police employees.
2. It has been contended on behalf of the petitioner that there was no direct evidence against the petitioner that he had himself given the salaries to different employees or that the sum of money handed over to the employees as salaries, contained counterfeit currency notes and his case under the circumstances was that of further inquiry. It was also submitted that allegation against the petitioner is that he led to recovery of counterfeit currency notes which would make out an offence under section 489-C, P.P.C. Only which was bailable and petitioner deserved the concession of bail. Learned counsel for the State opposed the prayer made by the petitioner.
3. It was submitted that the petitioner and his co-accused purchased counterfeit currency worth Rs.2,00,000 for a sum of Rs.35,000 from Peshawar and then had tried to circulate the counterfeit currency by mixing the same with genuine currency notes when salary was paid to different police functionaries and that material collected in the course of investigation adequately established, prima facie, involvement of the accused in the commission of offences which entail the sentence of imprisonment for life as well as he did not deserve the concession of bail.
4. Allegations against the petitioner are two-fold. The first allegation is that he as Moharrar had paid salaries to employees of the Police Department, from which currency notes given to the employees contained numerous counterfeit notes as well. The other allegation against the petitioner is that he and his co-accused led to recovery of counterfeit currency notes with a face value of Rs.1,95,000. As far as the second allegations is concerned, that prima facie would constitute offence under section 489-C, P.P.C. Which is a bailable offence. As far as the offence under section 489-B, P.P.C. Was concerned, though a prima facie case is made out but for the reason that no further investigation is being undertaken by the police and no efforts have been made by the police to ascertain the person or persons from whom the petitioner or his co-accused had purchased the currency notes and it has also not been ascertained as to who was the particular accused who had purchased the currency notes from Peshawar, I am inclined to allow bail to petitioner.
5. Petitioner is allowed bail in case F.I.R: No.240, dated 2-6-20001 under section 489-B, P.P.C.
Registered at Police Station Factory Area, Lahore subject to furnishing bail bonds in the sum of Rs.2,00,000 (two lacs only) with two sureties each in the like amount to the satisfaction of trial Court.
H.B.T./A-242/L