1. ' Applicants have filed two Bail Applications Nos.509 of 2000 and 523 of 2000. I would like to dispose of both the bail applications by single order as they arose out of the single order.
2. ' The facts in brief are that A.S.-I. Malik Muhammad Akram of Police Station Daharki lodged F.I.R. On 7-8-2000 alleging therein that he alongwith his subordinate staff on the aforesaid date was on mobile duty. They received spy information that at Raharki bye-pass road there was one deserted hotel where some persons namely Muhammad Nawaz and others were dealing in counterfeit Pakistani currency with some Pathans. The complainant on receipt of such information, proceeded to the pointed venue and reached there at about 6-30 p.m. The police surrounded the deserted hotel and found six persons sitting therein. All the six persons were apprehended. They introduced themselves to be Muhammad Nawaz, Abdul Razak alias Razi, Nazar Muhammad, Izzat Khan resident of Laki Marwat (N.-W.F.P.), Muhammad Fayaz resident of Bannu (N.-W.F.P.) and Muhammad Ayaz resident of Dera Ismail Khan (N.-W.F.P.). The Mashirnama of arrest was prepared in presence of police officials. On personal search, Pakistani currency' amounting to Rs,50,000 counterfeit money consisting of fifty notes of Rs,1,000 denomination, was secured frc accused Nazar Muhammad whereas different amounts of Pakistani current., notes were recovered from the remaining five accused. Accused Nazar Muhammad disclosed that they all were dealing in that business and today they had gathered here for the settlement of accounts. The currency notes and the accused were taken to the police station. The F.I.R. Was registered against them under section 489-B, P.P.C.
3. ' The police after completion of investigation submitted the challan in the Court. The applicants applied for bail before the trial Court but their bail plea was declined by impugned order, dated 9- 9-2000.
4. ' Mr. Ghulam Muhammad Khan Durrani, learned counsel for the applicants Abdul Razak alias Razi and Muhammad Fayaz, has contended that counterfeit money has not been recovered from the present applicant/accused. The alleged counterfeit notes have not been recovered in presence of private Mashirs. The accused belonged to N.-W.F.P. And they were intercepted by the police while they were travelling in a bus. It is stated that two of the accused are clerks whereas accused Izzat Khan is a retired Army Officer. The plea raised is, that offence if any would fall under section 489-C, P.P.C., which is bailable. The reference is made to the case of Muhammad Ashraf Batt v. The State 1995 SCM R 48, 2000 PCr.LJ 834 and an unreported case of Barkat Ali v. The State Criminal Bail Application No,413 of 2000.
5. ' Mr. Shamsuddin Kobhar, learned counsel for applicant Muhammad Nawaz has adopted the arguments advanced by Mr. Durrani and has further stated that the alleged recovery is not witnessed by private Mashirs and as such the same is prepared in disregard of section 103, Cr.P.C.
6. ' Mr. Sher Muhammad Shar, learned Assistant Advocate-General has opposed the bail plea of the accused on the ground that accused belong to District Bannu (N.-W.F.P.) and their arrest at a deserted place in District Ghotki, itself shows that they were present there for the purpose stated in the F.I.R. It is argued that huge amount of Rs,50,000 counterfeit notes adversely reflects upon the economy of the country as well as affects the poor people who are being defrauded and deceived through this business. The currency notes were sent to the Expert. The report of the Expert is positive.
7. The F.I.R. Is promptly lodged wherein the names of present applicants are mentioned. The arrest of the applicants is shown in the F.I.R. As well as in the Mashirnama. The huge counterfeit currency worth Rs,50,000 has been recovered from the possession of gang of the accused who had assembled at an abandoned and deserted place. The offence falls under section 489-B, P.P.C.
8. Which reads as under:-- "489-B. Using as genuine forged or counterfeit currency notes or bank notes.--- Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."
9. ' The applicants who are nominated in the F.I.R. Admittedly do not belong to the area from where their arrest is effected. The definition of section 489-B, P.P.C. Clearly manifest that whoever sells, buys, or receives from any other person or otherwise traffics in or knowingly uses the counterfeit as genuine, shall be guilty of the offence. The activities of the applicants in the instant case have attracted the ingredients of section 489-B, P P.C. The offences of such nature have increased at their high level and have affected the Society at large. The punishment of such nature of offences may not have a serious impact in the statute but the offences are rampant and have taken a very terrible turn to reflect upon the economy of the country as well as have spoiled the morals or our generation. The principles of grant of bail remain same as settled by the superior Courts at various times in numerous cases. However, some times the gravity of nature of offence is to be given preference over the punishment provided in the statute for said offence. Although, this offence is covered by prohibitory clause. The offences even if not falling under prohibitory clause of section 497, Cr.P.C., the Court may decline bail to accused if there exist recognized exceptional circumstances. This is an offence which directly involves the interest of the economy of the country and the social life of citizens. The reference can be made to the case of Imtiaz Ahmed and another v. The State PLD 1997 SC 545 wherein their Lordships have field as follows:-- ' "I may observe that a distinction is to be made between an offence which is committed against an individual like a theft and an offence which is directed against the society as a whole for the purpose of bail. Similarly, a distinction is to be kept in mind between an offence committed by an individual in his private capacity and an offence committed by a public functionary in respect of or in connection with his public office for the aforesaid purpose of bail. In the former cases, the practice to allow bail in cases not falling under prohibitory clause of section 497, Cr.P.C. In the absence of an exceptional circumstance may be followed, but in the later category the Courts should be strict in exercise of discre tion of bail. In my view, the above category of the offenders belongs to a distinct class and they qualify to be treated falling within an exceptional circumstance of the nature warranting refusal of bail even where maximum sentence is less than 10 years' R.I. For the offence involved provided the Court is satisfied that prima facie, there is material on record to connect the accused concerned with the commission of the offence involved.
10. ' The Courts should not be oblivious of the fact that at present Pakistan is confronted with many serious problems/difficulties of national and international magnitude, which cannot be resolved unless the whole Pakistani nation as a united entity makes efforts. The desire to amass wealth by illegal means has penetrated in all walks of life. The people commit offences detrimental to the society and the country for money. Some of the holders of the public office commit or facilitate commission of offences for monetary consideration. In the above scenario the Courts' approach should be reformation-oriented with the desire to suppress the above mischieves. To achieve the above objective, it is imperative that the Courts should apply strictly the laws which are designated and intended to eradicate the above national evils but at the same time, they are duty bound to ensure that the above approach should not result in miscarriage of justice. It should not be overlooked that Article 9 of our Constitution, which relates to a fundamental right, guarantees life and liberty of every person. Life, inter alia, includes the right to have access to a fair and independent judicial forum for redress. A balance is to be struck between national and individual interest/right."
11. The repetition of offence in such nature of cases cannot be ruled out.' The dealing of such counterfeit notes generally affects the poor and illiterate persons of rural areas who have no full recognition of the currency notes. The accused have not explained their presence in District Ghotki.
12. They have also not explained as to for what destination they have started from Bannu. The police has no enmity with the accused to implicate them in false case.
13. The case-law cited at the Bar has no bearing and relevance to the facts and circumstances of the instant case. Hence, the bail is declined.
14. ' Needless to mention, that the observations stated above are tentative in nature and the trial Court shall not be influenced by the same at the time of final decision.
15. ' At this juncture, the learned counsel makes a request that the directions be given to the trial Court to complete the trial expeditiously. The request appears to be reasonable. The learned trial Court is directed to complete the case within three months.