' ZAHEER-UD-DIN KAKAR, J.---The applicants seek bail after arrest in case FIR No,44 of 2016 dated 10.11.2016, under sections 489-B and C and 34, P.P.C., registered with City Police Station, Sui, district Dera Bugti, on the complaint of Inspector Aziz Ahmed. The applicant was refused bail by the Sessions Judge, Dera Bugti at Sui vide order dated 1.12.2016.
2. The prosecution story as given in the order dated 01.12.2016 briefly stated as follows:-- "Succinctly stated Taos of the prosecution case as gleaned from FIR are that complainant IP Aziz Ahmed lodged an FIR vide Crime No,44/2016 with Police Station City Sui, stating therein that on 10th day of November 2016, he along with other police personnel were reached at Liaquat Shaheed Check Post at Kashmore Road Sui, where ASI Allah Wassayo (Incharge check post) and other police personnel were already present there. The informer gave information that two persons are coining from Kashmore side having forged Saudi Riyal, so they blocked Naka. At about 06.00 P.M. Two persons were coming on CD-70 motorcycle found them suspicious signal them, but they on seeing the police party tried to escape, but they apprehended them. On inquiry they disclosed their names as Qurban Ali son of Badal and Rakhia Khan son of Ghous Bakhsh, thereafter their personal search have been conducted, during the personal search of accused Qurban Ali recovered 71 forged notes of Saudi Riyal bearing Serial No, (1) 554-329261 to (71) 554329400 recovered from the right side pocket of his shirt while during the personal search of accused Rakhia Khan recovered 49 notes of Saudi Riyal bearing serial No, (I) 554-329301 to (49) 554-329249 whereas one forged note of Rs,200/- Saudi Riyal bearing No,028146337 and one forged note of Rs, 100/- Saudi Riyal bearing No,193116603 from the right side of his shirt. That total amount of Saudi Riyal Rs,60300/- were recovered from both the accused persons and the same were taken into possession through recovery memo in the presence of witnesses namely Allah Wassayo ASI and Abdul Malik H/C and prepared sealed parcel Nos.1 and 2. Consequently upon this incident instant FIR of the case was registered against the accused/applicant on 10th day of November, 2016."
3. Heard arguments and perused the record. The charge against the applicants is that they were allegedly apprehended by the local police of City Police Station, Sui and recovered from their possession forged Saudi Riyal amounting to 35,500/. After hearing the learned counsel for A the parties, I am of the view, that the case against the applicants are arguable for the purposes of bail as from the contents of the FIR, it transpires that it is a case of mere possession against the applicants and it is yet to be decided whether the case against the applicants fall under the provision of section 489-B or 489-C, P.P.C. And whether the applicants had or did not at the knowledge that the said notes were forged, anyhow, at this stage the case of the prosecution pertains only to the recovery of forged and counterfeit currency notes, which attracts the provisions of 489-C, P.P.C., the punishment of which does not fall under the prohibitory clause of section 497, Cr.P.C. Furthermore, the investigation of the case has been completed and challah has been submitted before the trial Court and they are no more required at this stage for the purpose of investigation.
4. Thus, without prejudice to the merits of the case, I accept this application and allow bail to the applicants subject to furnishing surety bond to the tune of Rs,200,000/- each (rupees two lac) with PR bond of the like amount each to the satisfaction of the trial Court or Additional Registrar of this Court.
Before parting with this order, it is markedly mentioned that observations made op-city are of tentative in nature, the same will not cause any effect to the mind of the trial Court at the time of final decision of the case.