I intend to dispose of Criminal Miscellaneous No,304-B of 2002 and Criminal Miscellaneous No,212-B of 2002 filed by Ghulam Qadir and Riaz Ahmad respectively through this single order for grant of post-arrest bail in case F.I.R. No,107 dated 5-10-2001 registered under sections 489-B/489-C, P.P.C. at Police Station Dhanot, District Lodhran.
Briefly, the facts of the case are that Mushtaq Ahmad S.I. alongwith other police officials, was on patrol duty. He received a secret information that two persons present at Adda Dhanot were trying to get changed 1000 rupee note which appeared to be counterfeit and if arrested, counterfeit currency could be recovered. On the pointation of the informer, the petitioners were arrested and on their personal search, 23 notes of amount of 1000 were recovered from Ghulam Qadir petitioner, whereas a note of the amount of 500, one note of the amount of 50 and 83 notes of Rs,100 were recovered from Riaz Hussain petitioner. The recovery memo.. was prepared and after the investigation, case has been sent to the trial Court.
3. Learned counsel for the petitioners contends that only counterfeit currency was allegedly recovered from the petitioner, that there is no evidence that they were getting the said currency changed from any other person, therefore, offence falls within the purview of section in 489-C, C.P.C. which is bailable.
4. Learned State counsel has opposed the bail.
5. Heard. Record perused.
6. The complainant/S.I has not recorded the statement of any witness from the public to whom the currency notes were offered for exchange.Learned State counsel, after going through the police file, states that no such evidence was recorded during investigation. The perusal of the record shows that only recovery of alleged counterfeit currency was effected from the petitioners. There is no evidence that they got if exchanged with the genuine currency to attract section 489-B, P.P.C. At the moment, their case is covered by subsection (2) of section 497, Cr.P.C. The offence under section 489-C, P.P.C. is bailable. In the similar circumstances, a Division Bench of Sindh High Court, in the case titled Sawab Khan v. The State (1995 PCr.LJ 1351 Karachi), granted bail to the accused holding that question as to which of sections out of sections 498, 489-B, 489-C, 489-D and 34- P.P.C. was applicable required further enquiry. My learned brother Muhammad Farrukh Mahamud, J., in Criminal Miscellaneous No,3123-B of 2001 also granted bail to the accused in a case registered under sections 489-B and 489-C, P.P.C.
In the light of judgments referred above and the facts of the present case, I am of the considered view that allegations made against the petitioners need further enquiry. Consequently, these petitions are allowed and the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of the trial Court.