Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 489-B---Using as genuine, forged or counterfeit currency-notes or bank-notes---Bail, grant of---Further inquiry---Forged currency notes were allegedly recovered from the possession of the accused who was travelling in a vehicle---Contentions of the accused were that he was neither selling, buying, exchanging nor trafficking the alleged fake currency; that no independent witness was associated with the search and recovery proceedings; that he had no previous history of involvement in offences similar to the alleged offence, and that after getting bail by court below, he proceeded to a neighboring country in connection with earning of lively-hood and had no knowledge regarding commencement of trial, therefore, his absence (abscondment) was not intentional---Validity---Record revealed that at time of his arrest, accused was neither selling, buying, exchanging nor trafficking the fake currency notes as genuine having knowledge to believe that same were forged or counterfeit---No independent witness was associated by the police with the search and recovery proceedings---Prosecution was yet to prove through convincing evidence that offence with which accused had been charged fell under Ss. 489-B and not 489-C, P.P.C---Mere abscondence of accused would not be a hurdle in his way , if his case was otherwise fit for grant of bail---Accused was granted bail, in circumstances. 2005 PCr.LJ 405 rel. JUDGMENT ASSADULLAH KHAN CHAMKANI, J.---Petitioner Fazal Amin seeks his release on bail in case F.I.R. No.789 dated 31-10-2009 registered for offence under section 489-B, P.P.C. at Police Station Hashtnagri District Peshawar. 2. The contents of F.I.R. reveal that the local police of Hashtnagri recovered 94 fake currency notes of Rs.1,000 denomination each total Rs.94,000 having different numbers, fully detailed in the murasila, from the shopping bag of petitioner, which was transporting/carrying in a Hiace from Darra Adam Khel to Punjab, thus, the petitioner was arrested and the fake currency so recovered was taken into possession, hence the case was registered against him. 3. Learned counsel…

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