' The petitioner-accused was apprehended with forged currency notes i,e,, one forged currency note of the denomination of Rs,1,000 and 98 forged currency notes of the denomination of Rs,100 each by the Police Party, C.I.A. Police Station, Peshawar. Since the petitioner failed to show that he was in lawful possession of the same, therefore, a case was registered under section 489-B-C, P.P.C. Against him, Vide: F.I.R. No,768, dated 21-9-1999 lodged in Police Station, C.I.A. Peshawar, and he was accordingly arrested.
2. After having failed to procure bail from the Court of Judicial Magistrate (Syed Ahtesham Ali), Peshawar, on 28-9-1999 and the Court of Additional Sessions Judge (Mr. Muhammad Azim Khan Afridi), Peshawar, on 9-10-1999, the petitioner-accused has now approached this Court for the redress of his grievance alleging that his case does not fall under the prohibitory clause of section 497, Cr.P.C., because it is covered, at the most, under section 489-C, P.P.C.
3. Mr. Muhammad Riaz Yousafzai, Advocate, learned counsel for the petitioner and Kh. Azhar Rashid, learned Assistant Advocate-General for respondent/State present and heard. Record of the case perused.
4. It may be stated at the very outset that the applicability of section 489-B, P.P.C., to the facts and circumstances of the present case, shall be determined at the time of the trial. At present, prima facie, his case is covered by section 489-C, P.P.C., and the maximum punishment provided for it is imprisonment of either description for a term which may extend to seven years or with fine or with both.
5. My above view is fully supported by the following cases:-
(i) PLD 1993 Pesh.
104.
(a) Criminal Procedure Code (V of 1898)--- - ---Section 497---Penal Code (XLV of 1860), S.489-C---Bail grant of---No evidence was available to show that the accused had been trading in forged currency notes---Case of accused was on border line and prima facie one of possession of forged currency notes covered by 489-C, P.P.C., which was bailable and admitted to bail in circumstances.
(b) Criminal Procedure Code (V of 1898)---- ----Section 497---Penal Code (XLV of 1860), S.489-C---Bail--When an offence is also punishable with fine only accused shall be entitled to bail as of right because if at the trial he is only sentenced with fine, period as trial prisoner due to refusal of bail shall amount to a case of double jeopardy."
(ii) 1995 PCr.LJ 1351 (Karachi)
' Criminal Procedure Code (V of 1898)---- ----Section 497(2)---Penal Code (XLV of 1860), S.489-A/489-B/ 489-C/489-D/34---Bail, grant of- --Applicability of S.489-B, P.P.C., to the facts of the case of accused was yet to be determined--- Case against accused, therefore, required further inquiry---Accused was released on bail in circumstances."
(iii) 1996 PCr.LJ 815 (Lahore).
(a) Penal Code (XLV of 1860)---- - ---Section 489-B---Possession simpliciter of a counterfeit currency note does not constitute an offence under S.489-B, P.P.C.
(b) Criminal Procedure Code (V of 1898)---- - ---Section 497---Penal Code (XLV of 1860), S.489-B---Bail, grant of Accused was alleged to have been in possession of a counterfeit currency note worth Rs,1,000 which was recovered from himF.I.R.
Did not show if the accused selling or buying the counterfeit currency note---Case against accused, prima facie, fell under S,489-C, P.P.C., which was not punishable with 10 years R.I. Or more- --Accused was not a previous convict and was no more required for investigation---Accused was allowed bail in circumstances."
6. In the circumstances, this bail petition is allowed. The petitioner shall be released forthwith, if not required in any other case, provided he furnishes bail bonds in the sum of Rs,1,00,000 (Rs,one lac) with two sureties, each in the like amount, to the satisfaction of the Additional Registrar/Deputy Registrar of this Court.
7. The Additional Registrar/Deputy Registrar shall see that the sureties are respectable persons having sufficient property in their names and hail from District Peshawar. Attested copies of their property documents/identity cards shall be obtained and placed on record.