The learned counsel for the State had raised objection after referring to letter No. 57/24(259)
AJAG/CMLA/82, dated 14-3-1982 stating that the cases under section 489/ABCDE shall be tried by the Military court, that this Court has no jurisdiction to allow bail in this case.
The learned counsel for the petitioner has submitted that since s. The Military Court has not taken cognizance as yet, this court is competent to allow bail. In support of his contention, he cited Rizwan Ilahi v. The State 1984 P Cr. L J 91.
2. It is an admitted fact that the case is still under investigation and the challan has not been submitted so far in Court. The Military Court has not taken cognizance of the case. In view of these circumstances, I hold that this Court is competent to allow bail in such a case.
3. As regards the merits, a case under section 489/BC, P.P.C, was registered et Police Station Old Anarkali, on 20-2-1982, on the receipt of secret information that a gang had indulged in counterfeiting currency notes of the denomination of Rupees one hundred and those notes were being spread in the market. The only evidence collected A far against the Petitioner is the statement of Fareed Ahmad co-accused made before the police. The allegation against the petitioner is that he had purchased notes worth Rupees one lac, forty thousand for a consideration of Rupees twenty-five thousand. No recovery of counterfeit currency notes had been affected from the petitioner, and no other incriminating evidence has been collected against him so far, although he is in custody since 18-12-1983. Legally, the statement of the co-accused made before the police cannot be used against the petitioner. Fareed Ahmad co-accused had not made any judicial confession so far involving the present petitioner. In these circumstances, the petitioner is admitted to bail in the sum of Rupees fifty thousand with two sureties in the like amount to the satisfaction of A . C., Lahore.
4. The petitioner shall join investigation, if and when required.