IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.1099 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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15.05.2025
M/s Liaquat
Ali Khan & Shafique Ahmed for applicants
Ms.
Seema Zaidi, Additional
Prosecutor General Sindh
ASI
Osama AHmed of P.S. Tipu
Sultan
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Applicant/accused
Mir Muhammad son of Zulfiqar Ali Magsi
seeks post-arrest bail in FIR No.127/2025, registered at P.S. Tipu Sultan, Karachi for offence under sections 489-B and
489-C, PPC, after rejection of his bail plea by learned Additional Sessions
Judge-VIII, Karachi South vide order dated 11.04.2025.
2. Briefly
the facts of the case are that on a credible information complainant apprehended
present applicant/accused at Rehman Shah Chowk, near Asghari Masjid, Umer Colony, Karachi and from his possession recovered 89
counterfeit currency notes of Rs.1000/-, hence the subject FIR.
3. Learned
counsel for applicant submits that applicant is innocent and he has nothing to
do with the alleged offence but he has been falsely implicated in this case by
police for mala fide reasons; that even numbers have not been mentioned in the mashirnama regarding denomination of counterfeit currency
notes; that the alleged offence does not fall within the prohibitory clause of
section 497, Cr.PC, therefore, he is entitled for
grant of bail.
4. On the
other Additional Prosecutor General Sindh has opposed for grant of bail on the
ground that it is not a normal offence, the applicant is involved in the
offence which may destabilize the economy of the country, therefore,
he is not entitled for grant of bail.
5. Heard
learned counsel for applicant as well as Additional Prosecutor General Sindh
and perused the material available on record.
6. No
doubt the alleged offence does not fall within the prohibitory clause of
Section 497, Cr.PC but it is settled proposition of
law that each criminal
case has its own features and is required to be decided on its own merits
independently as held by the Supreme Court in the case Haji Muhammad Nazir and
others versus the State (2008 SCMR 807). In
the instant case, 89 counterfeit currency notes of Rs.1000/- each were
recovered. Looking to the nature of offence of counterfeit currency which can
destabilize the economy of the country, no case for grant of post arrest bail
has been made out, therefore, instant criminal bail
application is dismissed. However,
learned trial Court is directed to conclude the case of applicant preferably
within 3 months.
J U D G E
Gulsher/PS