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Criminal Miscellaneous No. 2182‑B of 1983, decided on 12^th September, 1983.

‑‑ S. 497‑Penal Code (XLV of 1860), Ss. 489‑A, 489‑B & 489‑C-- Martial Law Order, 1977 [C. M. L. A. 's] No. 77‑Bail‑Offence triable by Military Court‑Cognizance not yet taken by Martial Law Authority---Allegation of possession of counterfeited currency notes covered under S. 489‑C and bailable---Bail allowed to petitioner in circumstances.

Malik Saeed Hasan Khan for Petitioner.

Tanvir Ahmed Khan, A. A. G. alongwith Sardar. A Khan for the State.

Date of hearing: 12th September, 1983.

This is an application under section 498, Cr. P. C. for the grant of bail in a case registered against the petitioner and other under sections 489‑A, 489‑B and 489‑C, P. P. C. at Police Station, Lohari Gate, Lahore, vide F. I. R. No. 139 of 1983.

The allegation against the petitioner is that he was in possession of counterfeit currency notes amounting to Rs. 2,000. The bail appli cation of the petitioner was earlier rejected by the learned Additional Sessions Judge, Lahore, by order, dated 4th August 1983 on the sole ground that offence under sections 489‑A, 489‑B and 489‑C were specially triable by the Military Courts.

3. Learned counsel for the petitioner contends that the learned Additional Sessions Judge, has declined to exercise the jurisdiction vested in him on the erroneous assumption that under the provisions of Chief Martial Law Administrator's Order No. 77, the offences relating to counterfeiting or forging currency or bank notes, punishable under sections 489‑A, 489‑B, 469‑C, 489‑D and 489‑E, P. P. C. are exclusively triable or punishable by a Military Court.

4. C. M. L. A's. Order No. 77 indubitably empowers the Martial Law Authority to try and punish any category of offences mentioned therein. The offence of counterfeiting or forging currency notes is also triable by the Military Courts. In the instant case, however, no such cognizance has been taken by a Martial Law Authority. Furthermore, there is no allegation in the F. I. R. that the petitioner had counter feited the currency notes. The only allegation is that he was in possession of counterfeited currency notes amounting to Rs. 2 000. The case of the petitioner, is, therefore, covered under Section 489‑C, P. P. C. which is a bailable offence.

In view of the above, the petitioner is admitted to bail in the sum of Rs. 5,000 with one surety in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate, Lahore.

M. A. K. Bail allowed.

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