BAKHTIAR vs THE STATE
The accused-petitioner sought post-arrest bail after being apprehended at the State Bank of Pakistan while presenting a National Prize Bond that was allegedly forged. An FIR was registered under sections 489-B and 489-C of the Pakistan Penal Code. The core legal question was whether the offense fell within the prohibitory clause of section 497 of the Code of Criminal Procedure, considering the applicability of the relevant penal provisions. The Peshawar High Court held that, without touching upon the merits and leaving the final determination of the exact section for the trial, the case prima facie fell under section 489-F of the Pakistan Penal Code, which carries a maximum punishment not falling within the prohibitory clause of section 497. Consequently, the court laid down the principle that where an offense does not fall within the prohibitory clause and the maximum punishment permits, the accused is ordinarily entitled to the concession of bail, and accepted the bail application.
- Does the possession and presentation of a forged National Prize Bond fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Whether an accused charged under section 489-F of the Pakistan Penal Code 1860 is entitled to the concession of bail when the offense carries a maximum punishment not exceeding five years?
- At what stage of the proceedings should the exact applicability of sections 489-B, 489-C, or 489-F of the Pakistan Penal Code 1860 be conclusively determined?
- Section 489-B, Pakistan Penal Code 1860
- Section 489-C, Pakistan Penal Code 1860
- Section 489-F, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
' Accused-petitioner Bakhtiar was apprehended in the State Bank of Pakistan, Peshawar when he was presenting National Prize Bond No,A.351722 of Rs,15,000 denomination for encashment which after examination was declared as forged by the local Experts of the Bank. He was sent to the S.H.O., Police Station, East Peshawar Cantt. Under the custody of Police Escorts of the Bank alongwith the Prize Bond. So he was arrested by the local police and a case under section 489-B, C, P.P.C. Vide F.I.R. No, 564, dated 26-8-2003, Police Station, East Cantt. Peshawar.
2. After having failed to procure bail from the Court of Civil Judge/Judicial Magistrate, Peshawar on 29-8-2003 and the Court of Additional Sessions Jude-X, Peshawar on 2-9-2003, the accused- petitioner has now approached this Court for the redress of his grievance alleging that his case does not fall under the prohibitory clause of section 497, Cr.P.C.
3. Learned counsel for the accused-petitioner at the very outset submitted that the case of the petitioner does not fall under section 489-B or A89-C, P.P.C. Because the above sections relates to the use and possession of forged or counterfeit currency notes or bank notes whereas in the instant case the alleged recovery of prize bond is shown from the accused-petitioner which comes under section 489-F, punishable with imprisonment for a term which may extend to five years or with fine not exceeding one hundred thousand rupees, or with both and the same does not fall within the prohibitory clause of section 497, Cr.P.C. Thus the accused-petitioner is entitled to the concession of bail on this ground alone.
4. Learned counsel appearing for the State opposed the bail application and submitted that the accused-petitioner was apprehended by the Bank Staff when he was presenting a forged prize bond for encashment, therefore, he is not entitled to the concession of bail.
5. It may be stated without touching the merits that the applicability of sections 489-B or 489-C, P.P.C. To the facts and circumstances of the present case, shall be determined at time of trial. At present, prima facie, the case of the accused-petitioner is covered by section 489-F, P.P.C. And the maximum punishment provided for it is imprisonment for a term which may extend to five years or with fine not exceeding one hundred thousand rupees, or with both, which is reproduced hereunder for ready reference:--- "489-F: Counterfeiting or using documents resembling National Prize Bonds or unauthorized sale thereof.--- Whosoever counterfeits, or causes to counterfeit, or performs any act to use for any purpose whatsoever, or delivers to any person, any document purporting to be, or in any manner resembling to the National Prize Bonds, or indulges in the business of sale or purchase of National Prize Bonds, or promotes such sale or purchase of National Prize Bonds, in contravention of the rules made for that purpose, shall be punishable with the imprisonment for a term which may extend to five years or with fine not exceeding one hundred thousand rupees, or with both".
6. In the circumstances, this bail application is accepted and the accused-petitioner is released on bail provided he furnishes bail bonds in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of Illaqa/Judicial Magistrate.