IN THE LAHORE HIGH COURT, LAHORE.
Crl. Misc: No.__________/B/2012
Muhammad Haroon son of Tufail Muhammad caste Bloach
r/o 36-A/4L Nizam Wala Tehsil & District Okara.
(Now confined in Central Jail, Sahiwal)
...Petitioner
VERSUS
1.
The State.
2.
Muhammad Saeed son of Ahmed Yar Caste Baloch r/o
36-A/4L, Nizam Wala Tehsil & District Okara.
..Respondents
Case FIR No. 29/12
Dated:
01.03.2012
Offence U/s: 324 PPC
Police Station: Shah Bhore District Okara.
PETITION UNDER SECTION 497 CR.P.C
FOR GRANT OF POST ARREST BAIL TILL
THE FINAL DISPOSAL OF THE MAIN CASE.
Respectfully Sheweth:
1.
That the above said case was registered against the
petitioner
on
the
statement
of
(Complainant)/
respondent No.2, alleging therein that on 29.02.2012
at about 6.30 am present accused petitioner while
armed with deadly weapons attacked the complainant
and made straight fire at him with intention to murder
the complainant which hit on left thigh of the
complainant. Hence the titled case was registered. The
detailed story of prosecution FIR and MLR are attached
as Annexure A & B.
2.
That the petitioner filed an application for grant of
post arrest bail in the court of learned Magistrate
Section
30,
Okara
which
was
dismissed
on
29.03.2012. Copy of bail application and order is
attached as Annexure C & D.
3.
That thereafter, the petitioner filed an bail application
before Sessions Judge, Okara which was entrusted for
disposal to the file of Mr. Malik Muhammad Iqbal,
learned ASJ, Okara which was also dismissed vide his
order dated 09.05.2012. Copy of bail petition along
with the said dismissal order is enclosed herewith as
Annexure E & F .
3.
That the above said case against the petitioner is
absolutely wrong, false, concocted, afterthought,
based on malafide and misrepresentation and the
petitioner has been made a victim of fabricated and
forged evidence despite his complete innocence and
seeks his post arrest bail inter alia on the following:
GROUNDS:
a).
That
the
accused/petitioner
is
absolutely
innocent and committed no offence whatsoever.
The said FIR was lodged only to harass and
humiliate the petitioner.
b).
That prior to this a case FIR No.365/2007 dated
03.10.2007 Offence U/s 365-B PPC P.s Shah
Bhore district Okara was registered against the
present petitioner on the ground of enticing
away the niece of the complainant which was
cancelled on the statement of the abductee/
niece of the complainant. Copy of FIR No.365/07
is annexed as Annexure-G.
c).
That actually the niece of the complainant was
contracted marriage with the petitioner without
the
consent
of
her
parents
and
present
complainant and the spouses are living happily
and three children born during this wedlock but
the complainant has previous enmity due to the
above said marriage and involved the petitioner
due to this reason.
c).
That during the course of investigation it has
been found that the petitioner is empty handed
and not made any fire to the complainant but he
was only present at the place of occurrence.
d).
That the investigation of this case has been
completed and the accused/petitioner has been
sent to judicial lock-up and he is no more
required for further investigation by the local
police and their further detention will not serve
any fruitful purposes and bail should not be
withheld as punishment.
e).
That nothing has been recovered from the
possession of the petitioner.
f).
That the petitioner is behind the bar and no more
required or not previous record holder therefore,
the petitioner is fall category of further inquiry.
Relied upon PCr.L.J 2010 Page 1810, PLD 1995
SC Page 34.
g).
That there is no chance of accused/petitioner
abcondance and tempering with the prosecution
evidence if he be released on bail.
h).
That the petitioner is ready to furnish surety
bonds for the entire satisfaction of this Honble
Court if he released on bail till the final disposal
of the main case.
i).
That further more available grounds will be
agitated at the time of arguments in favour of
the present petitioner.
PRAYER:
Under
the
circumstances
and
facts
discussed above it is, most humbly and respectfully
prayed that the petition may kindly be accepted and
the petitioner may very graciously be granted post
arrest bail till the final disposal of the main case.
Petitioner
Through:
M. RAMZAN NAZEER DHUDDI
Advocate High Court
CC No.PLH-42288
GHAZANFAR HUSSAIN KAMRAN
Advocate High Court
CC No.PKS-42286
Office # 6, (basement),
Aftab Tower, 16-Syed Mouj Darya
Road, Lahore.
CERTIFICATE:
As per instruction of the petitioner
this is the 1st petition on the subject matter.
ADVOCATE
IN THE LAHORE HIGH COURT, LAHORE.
Crl. Misc:____________/B/2012
Muhammad Saif
Vs.
The State etc.
I N D E X
Sr.
Description of Documents
No.
1.
Grounds of Petition
2.
Annexure A Certified copy of FIR
Alongwith its better copy.
3.
Annexure B Copy of MLC
4.
Annexure-C & D Copies of Bail petition
with order of learned Magistrate
5.
Annexure E & F Copies of bail petition
And order of ASJ.
6.
Annexure-G Copy of FIR no.365/2007
7.
Dated
Pages
20.07.12
1.03.12
1-5
6
29.02.12
29.03.12
7
8-11
09.05.12
12-14
03.10.07
15
Power of Attorney
Petitioner
Through:
M. RAMZAN NAZEER DHUDDI
Advocate High Court
CC No.PLH-42288
GHAZANFAR HUSSAIN KAMRAN
Advocate High Court
CC No.PKS-42286
Office # 6, (basement),
Aftab Tower, 16-Syed Mouj Darya
Road, Lahore.
CC PGW-18925
IN THE LAHORE HIGH COURT, LAHORE.
Crl. Misc:____________/B/2011
Muhammad Waseem
Vs.
The State etc.
I N D E X
Sr. No. Description of Documents
1.
Grounds of Petition
2.
Annexure A Certified copy of FIR
Alongwith its better copy.
3.
Annexure A Certified copy of Order
Passed by ASJ, Gujranwala.
4.
Vaklatnama
Dated
Pages
1-4
5
6-9
10
Petitioner
Through:
Ch. Naveed Akhtar Bhatti
Advocate High Court
16 & 17, Justice Din Muhammad
Block, District Courts, Gujranwala.
CC PGW-18925
IN THE LAHORE HIGH COURT, LAHORE.
Crl. Misc: No.__________/B/2012
Muhammad Ashfiq etc.
Vs.
The State etc.
APPLCIAITON U/S 498 CR.P.C FOR THE GRANT OF
PRE ARREST BAIL TILL THE FINAL DISPOSAL OF
MAIN CASE.
Affidavit of Muhammad Ashfaqq s/o Nazir Ahmad Caste
Arain r/o village Aroop, Gujranwala.
I, the above named deponent do hereby solemnly affirm
and declare as under:
1.
That the local police has been registered the above captioned
case against the peititoner and want to arrest the petitioner in
the above case is concocted one.
2.
That is to certify that this is the 1st application of grant of prearrest bail on the behalf of the petitioner in this Honble Court
on the subject matter earlier application for getting the said
relief was file in the Session Court that learned Court of ASJ,
Gujranwala was pleased to dismiss the pre arrest bail of the
accused petitioner on 10.07.2012.
3.
That the story setup in the crime report is vague and without
any basis and the same is neither plausible, tenable and
acceptable nor is the same appeal able to any reason or logic.
4.
That the bail petition of co-accused Saif Ullah Sakar had been
granted by the learned Judicial Magistrate dated 02.07.2012
and the impugned order is attached.
5.
That accused petitioner has been wrongly entangled in this
case seeks the concession of pre arrest bail on the following
inter alia amongst other
Grounds
a). That the petitioners have no nexus with the commission of
offence as will as no role was attributed to the petitioners
according to complaint petitioners were the implicated
above mentioned case due to malafidely intention.
b). That the offence U/s 420, 471 are bailable and offence U/s
468 PPC did not fall with the ambit of prohibitory clause,
prohibitory clause means bail no jail.
c). That no offence had been made out against the petitioners
because the petitioners are not the beneficiaries of the
agreement, petitioners are only the marginal witnesses and
involved in the above mentioned case due to malafide
intention on the part of police as well as complainant.
d). That the FIR was lodged after institution of civil suit and
prima facie matter had been converted with malafide
intention into criminal litigation.
e). That the petitioner/accused is quiet innocent and has
nothing to do with the alleged offence as narrated in the
FIR.
f). That the complainant got registered a false and
fabricated case against the petitioner/accused with the
ulterior motive and malafide intention.
g). That intended arrest of petitioner/accused in these
circumstances,
would
advance
case
the
not serve
of
any purpose
prosecution,
except
or
his
humiliation and harassment at the hand of the
Police-----Refusal of pre-arrest bail in the above
mentioned
case
would
tantamount
to
punishing
accused in advance, bail before arrest was meant to
protect the innocent citizen in the event of their
involvements in criminal cases with the mala fide
intentions.
h).That the above mentioned case was purely a civil
nature case and the petitioners collusiveness will be
determined at the time of trial so the case become
one of the further inquiry.
i).That the petitioner is neither desperate nor hardened
criminal. Petitioner have not a previous convict or
record holder and has clean and unblemisher record or
his career. Petitioners belongs to the respectable
family and the member of eminent labourer family
and is earning his livelihood by putting hard labour in
these hard days within the parameter of law and rules
of the country therefore, there is no likelihood of the
petitioners
absconsion
or
tempering
with
the
prosecution evidence.
j).That the petitioners are ready to furnish reasonable
surety for his attendance in this Honable Court as well
as in any other trial Court on each and every date of
hearing in the like amount to the entire satisfaction of
this Honble Court that this Honble Court may order.
i).That other available grounds will be agitated at the
time or arguments.
DEPONENT
VERIFICATION:
Verified on Oath at Lahore this 13 th day of July,
2012 that the contents of the above affidavit are true and correct to
the best of knowledge and belief and nothing has been concealed
therein.
DEPONENT
IN THE LAHORE HIGH COURT LAHORE
C. M No.
/2012
IN
W.P. No.
Muhammad Arshad
/2012
Vs.
SDPO etc.
APPLICATION U/S 151 CPC FOR THE GRANT OF INTERIM
RELIEF
Respectfully submits as under:
1.
That the above titled writ petition has been filed in
this honourable court but not fixed so far for
hearing.
2.
That all the facts are narrated in writ petition which
is read as integral part of this application.
3.
That the petitioner has good arguable, prima facie
case in his favour and very bright chance of success
of the petitioner.
4.
That the balance of the convenience lies in the
favour of the petitioner.
5.
That if the injunction prayed is not granted to the
petitioner, the petitioner would suffer irreparable
loss to his rights.
P R A Y E R;
It
is,
therefore,
very
humbly
and
respectfully prayed that this application may very
kindly be accepted and the respondents may very
kindly be directed, not to harass the petitioner without
lawful authority in the best interest of justice.
Petitioner
Through:
MUHAMMAD KHAN DAAL
Advocate High Court
103-Jinnah Law Chambers,
Sub-Divisional courts, Jaranwala.
CC. P-FB-16465
DATED:-
IN THE LAHORE HIGH COURT LAHORE
C. M No.
/2012
IN
W.P. No.
Muhammad Arshad
/2012
Vs.
(STAY APPLICATION)
SDPO etc.
AFFIDAVIT OF Muhammad Arshad son of Muhammad
Younas Caste Sial r/o chak No.466 J.B Tehsil Sumandri
District Faisalabad.
===================
I, the above named deponent do hereby solemnly affirm and
declare that the contents of accompanying Petition attached with
the affidavit are correct to the best of my knowledge and belief
nothing has been misstated and concealed therein.
DEPONENT
VERIFICATION:
Verified on Oath at Lahore this 9th day of
July, 2012 that the contents of the above affidavit are true and
correct to the best of knowledge and belief and nothing has been
concealed therein.
DEPONENT
