' MIFTAH-UD-DIN KHAN, J.---Muhammad Yasin petitioner charged in case F.I.R. No,62 dated 23-1- 2012 registered at Police Station, Hayatabad Peshawar under section 489-B, P.P.C. Was refused bail by the Courts below, hence he has moved the present bail petition before this Court.
2. The brief facts of the case are that on 23-1-2012 at 1850 hours Mukhtiar Khan SI along with his police party was present on the spot when in the meanwhile the present petitioner came there who was apprehended and from his personal search recovered forged currency Notes of different denominations total amounting to Rs,1,76,000. Hence he was arrested on spot and the forged currency notes were taken into possession.
3. Learned counsel for the petitioner contended that keeping in view the contents of report the case against the petitioner is not covered by section 489-B but section 489-C which offence is punishable up to seven years, or with fine, or with both, therefore, the petitioner is entitled to the concession of bail.
4. Learned counsel for the State opposed the bail petition on the ground that the petitioner was trafficking huge quantity of forged currency Notes at the time of his arrest, hence he is prima facie connected with an offence punishable under section 489-B, P.P.C. And is not entitled to the concession of bail.
5. After hearing the learned counsel for the parties and going through the record I have come to the conclusion that no doubt huge quantity of forged currency Notes have been recovered from the possession of the petitioner but nothing on the record exists that the petitioner had knowledge of the same and was found selling or using the same as genuine, therefore, prima facie the provisions of section 489-B, P.P.C. Are not attracted. Similarly I is yet to be proved as to whether the petitioner had the knowledge that the currency Notes recovered from his possession were forged and counterfeit, therefore, I hold that the offence under section 489-C, P.P.C. Against the petitioner is open to further probe. Moreover, the offence under section 489-C, P.P.C. Is punishable with seven years' imprisonment or fine or with both, hence no legal justification exists to refuse bail to the petitioner in such like offence.
6. Resultantly, this bail application is accepted and the accused- petitioner is admitted to bail provided he furnishes bail bond in the sum of Rs,1,00,000 (Rupees One Lac) with two sureties each in the like amount to the satisfaction of Illaqa/Duty Magistrate.