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Petitioner: MUHAMMAD ILYAS VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): M. S. H. Qureshi Title: MUHAMMAD ILYAS vs THE STATE Case No.: Criminal Miscellaneous No, 727/B of 1978 Date of Judgment:1978-02-25 Reported As: 1978 P Cr. L J 668 Result: Petition allowed
JUDGMENT
JUDGMENT ' This order will dispose of bail applications i. e. (1) Cr. Misc. No, 727-B/ 1978, (2) Cr. Misc. No, 728- B/1978, and (3) 696-B/1978, all the petitioners in these applications being involved in the same case, which is under sections 255, 256, 257, 420, 466, 488, 471, 489-A, 489-B, 489-C, 489-D, P. P. C. Section 6 of Passport Act and M. L. R. 10/16, arising from F. I. R. No, 14 dated 16-1-1978 of Wandat Colony, P. S., Lahore. 2. The allegation is that upon information received by the C. I. A. Police that the petitioners and their co-accused formed a big gang which was engaged in preparing and dealing in counterfeit and forged currency notes of Pakistan and other countries in bungalow No, 8-S-24, Shah Jamal, Colony, Lahore. Sultan Ali Garha, D. S. P. With a police party raided that premises on 16-1-1978 and recovered from there a large number of currency notes, Pakistani and foreign, negatives, passport forms etc. And equipment for forging such notes and documents. A number of persons who were at that time in the aforesaid house were also arrested which included Muhammad Ilyas petitioner in Cr. Misc. No, 727-B/1978 and Abdul Aziz in Cr. Misc. No, 696-B/1978, Muhammad Sarwar petitioner No, 1 in Cr. Misc. No,728-B/ 1978 allegedly escaped but was later arrested on 22-1-1978, while Abdul Mahbood petitioner No, 2 in that petition, was subsequently arrested upon recovery of counterfeit currency notes from his possession. 3. The petitioners applied for bail but their applications were rejected by the Additional Sessions Judge, Lahore by separate orders dated 15-2-1978. 4. It is obvious that the pivotal point in the case against the petitioners is the recovery of the incriminating articles in the course of search of the house, but the search apparently was not made in compliance of the provisions of section 103, Cr. P. C. No explanation for the non-
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compliance is contained in the F. I. R. Nor was any satisfactory explanation furnished on the legal or the factual plane about this omission, during the hearing of these petitions. 5. On the contrary, a reading of the F. I. R. Gives the impression that the police raiding party was not even aware of the requirement of section 103, Cr. P. C. 6. In these circumstances, I will admit the petitioners to bail. I accordingly order that they be released on bail on their furnishing a bond in the sum of Rs, 25,000 (rupees twenty-five thousands only each with two sureties in the like sum each to the satisfaction of A. C./Duty Magistrate, Lahore.