1. ' This bail application has been moved by one Sawab Khan son of Hayat Khan against whom the proceedings have been taken on the basis of F.I.R. No,13/93 under sections 489-A, 489-C and 489- D/34, P.P.C. By F.I.A. Crime Circle-I, Karachi and the case is pending in the Court of Sessions Judge, Karachi East, for trial.
2. ' The case against the applicant was registered on 11-8-1993 at 19-30 hours by Inspector, F.I.A. CC-I, Karachi on receipt of an information to the effect that one Sawab Khan was indulging in the sale of counterfeit US $ near Duty Free Shop at Shahrah-e-Faisal, Karachi at the rate of Rs,10 per dollar. It is alleged that on the same date the raid was conducted near the Duty Free Shop by F.IA. Team consisting of Inspector, Aqeel Ahmed Qureshi and other members of the F.I.A. Staff under the supervision of the Assistant Director, F.IA., CC-I, Karachi. It is further alleged by the prosecution in the F.I.R. That the applicant/accused was found present near the Duty Free Shop and on his personal search 5 packets containing 487 notes of 100 denomination each valued at US $ 48,700 were recovered from the pocket of his shirt.
3. ' An application for bail was moved in the Court of Sessions, but the same was rejected by the learned Sessions Judge, Karachi East on 2-9-1993 and as such, the applicant has now filed the present bail application before this Court.
4. ' Learned counsel for the applicant has mainly contended that section 489-B, P.P.C. Is not applicable on the facts as alleged by the prosecution, as according to him, he was not found selling the counterfeit currency. He has further contended that section 489-B is applicable when an accused person sells to, or buys or receives from, any other person, or otherwise traffics any or uses as genuine, any forged or counterfeit currency note or bank note knowing or having reason to believe or the same to be forged or counterfeit. He has further contended that at the most, on the basis of the evidence collected by the police, the case against the applicant would fall under section 489-C, P.P.C. And, according to him, section 489-C, P.P.C. Is bailable offence, as such, the applicant is entitled as a matter of right, to be released on bail.
5. ' Learned counsel for the State has contended that section 489-B is also applicable in the present case, as according to him, the applicant was found standing outside the Duty Free Shop and, therefore, according to him, the presumption is that he was standing therewith intention to sell currency notes and as such, section 489-B is applicable in the case which is punishable with even upto life imprisonment.
6. Considering all the facts and circumstances of the case, I feel that this is a case of further inquiry whether the case of the accused/applicant also falls under section 489-B, P.P.C., and, therefore, I direct that the applicant be released on bail on his furnishing surety in the sum of Rs,2,00,000 with P.R. Bond in the like amount to the satisfaction of the trial Court. However, the trial Judge will be at liberty to cancel the bail of the applicant at some subsequent stage, if incriminating evidence comes on record against the applicant for the offence under section 489-B, P.P.C.