' Petitioner Muhammad Sajjad seeks bail in a case registered on the complaint of Abdul Qadir against him vide F.I.R. No,195, dated 27-9-1995 under section 489-B, P.P.C. At Police Station Chowk Dehli Gate, Multan.
2. The allegation against the petitioner is that Abdul Qadir complainant informed Muhammad Tariq S.I., Police Station Dehli Gate, Multan that petitioner Muhammad Sajjad was in possession of a counterfeit currency note worth Rs,1,000. On this information said S.I. Raided a hotel situated in Chowk Dehli Gate, where Muhammad Sajjad petitioner was sitting and on his personal search currency Note No,773808 worth Rs,1,000 was recovered; which was found counterfeit. The petitioner was arrested by the police there and then. Hence this petition.
2-A. Learned counsel for the petitioner has contended that from the contents of the F.I.R. No offence under section 489-B, P.P.C. Is made out and at the most the offence would fall under section 489-C, P.P.C. Which is punishable to 7 years' R.I. It is further submitted that the petitioner has no previous criminal history and the investigation is complete. He is no more required for further investigation.
3. Learned counsel for State has submitted that Police Officer and the recovery witnesses have no enmity with the petitioner and a counterfeit currency note has been recovered from the petitioner so he is not entitled to the concession of bail.
4. I have heard the learned counsel for parties and have gone through the record. ,
5. Possession simplicity of a counterfeit currency note does not constitute ingredients of section 489-B, P.P.C. This section deals with the sale, purchase, receipt or otherwise trafficking of a counterfeit coins/currency note. This section also deals with use of a counterfeit currency note as genuine, whereas section 489-C, P.P.C. Deals with possession of any forged or counterfeit currency note.
' The contents of F.I.R. Do not show that the petitioner was selling or buying the counterfeit currency note. The information was that the petitioner was in possession of a counterfeit note worth R.1,000 and the same was recovered from the possession of the petitioner. Hence prima facie the offence would fall under section 489-C, P.P.C. Which is not punishable with 10 years' R.I. Or more. The petitioner is not a previous convict and is no more required for further investigation.
6. For what has been stated above, the petitioner is admitted to bail provided he furnishes bail bond in the sum of Rs,50,000 with one surety in the C like amount to the satisfaction of A.C./trial Court, Multan.
7. All the observations made above are tentative in nature. The learned trial Court will form its own opinion on the basis of the evidence produced before him without being prejudiced by any observation made by this Court while deciding this bail petition.