324 (high Court) Muhammas Saif 1e5i8

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 ed 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 ed. 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 ed 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 Hon’ble 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 ed 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 ed 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 Hon’ble 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 ed 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 petitioner’s

absconsion

or

tempering

with

the

prosecution evidence. j).That the petitioners are ready to furnish reasonable surety for his attendance in this Hon’able 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 Hon’ble Court that this Hon’ble 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 C 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