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Criminal Miscellaneous No. 89/13 of 1984 decided on 6th September, 1984.

Criminal Procedure Code (V of 1898)--

---S. 497--Penal Code (XLV of 1860), 's. 489-A, 489-B, 489-C & 489-D- Bail--No evidence available to the effect that currency notes when printed the machine belonged to accused--No expert evidence either available that machine recovered at instance of accused was capable of making currency notes--Only a bailable offence, under S. 489-C, Penal Code, punishable with imprisonment of either description for seven years, made out against accused--Bail granted.

Malik Saeed Hassan for Petitioner.

Sardar Muhammad Khurshid for the State.

This is a second application on behalf of Jalil lqbal, petitioner, who been arrested in a case registered under sections 489-A, 489-B,489-C and 489-D, of the Pakistan Penal Code. The earlier applica tion was dismissed by me on 8-10-198:1 on the ground:--

"Prima facie the petitioner is member of a gang which counterfeit: currency notes. Even though he is now in the judicial lock-up the investigations are still going on. I am, therefore, not prepared to release him on bail."

The investigations are now over except for the arrest of two other, persons also involved in this case. The only allegations against the petitioner are:--

(1) He got recovered forged currency notes of the denomination of Rs.100 each of a total face value of Rs.1,94,100, and

(2) Soon after his arrest he led a police party to a shop from where a printing machine was recovered.

So far as the second allegation is concerned the shop from where the printing machine was recovered belongs to the petitioner's brother. Apparently he had sold the machine to his brother sometimes prior to the occurrence. There is no evidence that the currency notes were printed while the machine was owned by him. There is also no expert evidence that. the printing machine recovered at his instance is capable of making currency notes. So far as the first allegation is concerned it makes a case only under section 489-C of the Pakistan Penal Code. This offence is bailable and is punishable with imprisonment of either description for seven years. In the circumstances I would enlarge the petitioner on bail on his executing a bond in the sum of Rs.1,00,000 with two sureties in the like amount to the satisfaction of the Duty Magistrate, Lahore.

M. Y. H.

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