Muhammad Bashir Khan Jehangiri, J.- This application for bail has been moved on behalf of Musafir Shah petitioner who is facing charges under section 489-B and 489-C in a case registered against him by the F.IA. Dera Ismail Khan.
2. According to the F.I.R on 26.6.1988 at 11.00 A.M. The petitioner was apprehended red-handed at the counter of the Muslim Commercial Bank Limited, D.I.Khan, while attempting to get the change of two currency notes of the denomination of Rs.500/- with one and the same serial number i.e. A- 5922578. A complaint in writing by the Manager of the aforesaid Bank was despatched to the local Assistant Director of the F.I.A, who arrested the petitioner after registeration of a case under section 489-B and 489-C PPC.
3 The learned counsel appearing on behalf of the petitioner contended that the petitioner was an innocent and rugged villager who had been duped by one Muhammad Jan now-a-days living in Mir Ali in the trial territory of North Waziristan; and that it was he who should have been proceeded against. He further submitted that case of the petitioner at worst would be covered by section 489- C and that, therefore, his case would not fall within the prohibitory clause of sub-section (1) of section 497 Cr.P.C.
4. The learned Assistant Advocate General, while opposing plea of bail advanced on behalf of the petitioner, urged that the petitioner was found at least using as genuine, two forged currency notes and, therefore, he was liable under section 489-B PPC which provides for a punishment of either description for a term which may extend to ten years.
5. I have considered the submissions made by the learned counsel for the petitioner and the learned Assistant Advocate General at the bar. It is not the case of the petitioner that he had been falsely involved in the case. He was allegedly apprehended re-handed at the counter of a bank where he had presented two forged currency notes of the denomination of Rs.500/- bearing one and the same serial number. It would not be proper to examine at the bail stage the contention the case of the petitioner would fail either under section 489-B and 489-C PPC. Prima facie he does not appear to be entitled to the concession of bail. Before parting I would, however, direct that the investigation against the petitioner being complete he should be challaned to the Court immediately to stand his trial. The trial of the accused is directed to be completed within three months.