| Case ID |
0fabefcc-e6b0-49fb-9dd4-e247a814e87b |
| Body |
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| Case Number |
Crl. M./BA No. 57-P of 2015 |
| Decision Date |
Jan 23, 2015 |
| Hearing Date |
Jan 23, 2015 |
| Decision |
The petitioner, Habeeb Ullah, sought post-arrest bail in FIR No. 60 dated 29.12.2014 under sections 5/23 of the FER Act, 1947 read with sections 3 and 4 of the AML Act, filed in the FIA/CBC, Peshawar. The prosecution alleged his involvement in illegal Hundi Hawala operations and money laundering, with cash and documents recovered during the FIA raid. However, the court observed procedural lapses, including the absence of test purchases and independent witnesses during the raid, violating Sections 103 Cr.P.C. and 19 FER Act, indicating malafide intentions by the FIA authorities. The offenses under Section 497(1) Cr.P.C. are such that bail is typically granted unless exceptional circumstances exist. Given that the petitioner did not confess, remained in custody without further need for FIA investigation, and continued incarceration served no useful purpose, the court deemed it unjustified to deny bail. Consequently, the petition for bail was granted, subject to a bail bond of Rs. 5,00,000 with two sureties each providing a similar amount, ensuring their reliability and local presence. |
| Summary |
In the landmark decision of Crl. M./BA No. 57-P of 2015, adjudicated by the Peshawar High Court on January 23, 2015, the petitioner, Habeeb Ullah, successfully secured post-arrest bail against the State. This case revolves around allegations under the Criminal Procedure Code, 1898, specifically Section 497(1), and related provisions of the FER Act, 1997, and AML Act, targeting illegal Hundi Hawala operations and money laundering activities. The Federal Investigation Agency (FIA) conducted a raid based on Inquiry No. 23/2012, seizing substantial cash, Hundi documents, and receipts from the petitioner’s premises. However, the court identified critical procedural deficiencies, including the lack of test purchases and the absence of independent witnesses during the FIA’s investigation, which contravened Sections 103 Cr.P.C. and 19 FER Act. These lapses suggested malafide intentions by the authorities, undermining the prosecution's case. The High Court emphasized the fundamental principle that bail is the norm under Section 497(1) Cr.P.C., with refusal being an exception reserved for exceptional circumstances. Given that the petitioner did not provide any confession, remained in custody without any ongoing need for further FIA inquiry, and the continued detention served no judicial or investigatory purpose, the court deemed the refusal of bail unjustified. The judgment underscored the importance of protecting individual liberties against unwarranted incarceration, especially in cases lacking substantial evidence and procedural integrity. Consequently, the court granted bail conditional upon a bond of Rs. 5,00,000, accompanied by two reliable and financially capable sureties, ensuring the petitioner’s compliance with all legal proceedings. This decision reinforces the judiciary's role in upholding fair trial standards and safeguarding against arbitrary detention, promoting accountability and transparency within law enforcement agencies. The case sets a precedent for future bail applications, highlighting essential safeguards against procedural lapses and ensuring that the rights of the accused are meticulously protected. Moreover, it underscores the necessity for investigative authorities like the FIA to adhere strictly to legal protocols, ensuring that anti-money laundering and anti-Hundi operations do not become tools for unjustified repression. By granting bail, the Peshawar High Court has affirmed its commitment to justice, equity, and the rule of law, fostering trust in the legal system and encouraging lawful conduct within financial transactions. This judgment is a pivotal reference for legal practitioners and law enforcement agencies, emphasizing the delicate balance between combating financial crimes and preserving individual freedoms. |
| Court |
Peshawar High Court
|
| Entities Involved |
Peshawar High Court,
FIA,
CBC
|
| Judges |
ABDUL LATIF KHAN
|
| Lawyers |
Mr. Arshad Hussain Yousafzai,
Mr. F.M. Sabir
|
| Petitioners |
HABEEB ULLAH
|
| Respondents |
STATE
|
| Citations |
2016 SLD 1567,
2016 PLJ 246
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code, 1898,
FER Act, 1997,
AML Act
|
| Sections |
497(1),
5/23,
3,
4,
3,
4
|