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PLJ 2021 SC (Cr.C. ) 232, 2021 SCMR 729

Sami Ullah vs The State

CitationPLJ 2021 SC (Cr.C. ) 232, 2021 SCMR 729
CourtSupreme Court of Pakistan
Case No.Criminal Petition No. 111 of 2021
Date2021-03-03
Judge(s)Amin-Ud-Din Khan, Manzoor Ahmad Malik, Mazhar Alam Khan Miankhel
ResultBail granted

ORDER

MANZOOR AHMAD MALIK, J.---Petitioner has called in question order dated 29.01.2021 whereby bail was refused to him by the learned Peshawar High Court, Peshawar in case FIR No. 968 dated 28.12.2020, offence under section 489-B, P .P.C., registered at P .S. Mattani, Peshawar .

2. After hearing the learned counsel for the petitioner and learned counsel appearing on behalf of State at length and perusal of available record with their assistance, it has been observed by us that as per contents of FIR, allegation against the petitioner is that at the time of his arrest, forged Pakistani currency notes of 1000 domination were recovered from his possession. Even from the contents of FIR, prima facie the provisions of section 489-C, P.P.C. are attracted in this case as there is no allegation against the petitioner of using as genuine forged or A counterfeit currency notes allegedly recovered from him. Nevertheless, it is for the learned trial Court to determine finally whether provisions of sections 489-B or 489-C, P.P.C. are attracted in this case, of course, after recording evidence. As of now, case against the petitioner calls for further enquiry falling within the ambit of section 497(2), Code of Criminal Procedure.

3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed.

Appellant Sami Ullah is allowed bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs.100,000/- (Rupees one hundred thousand) with one surety in the like amount, to the satisfaction of the trial court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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