IN THE COURT OF IInd. ASJ KARACHI EAST
Session Case No. 22/11.
The STATE VERSUS Wajahat
S/o. Saeed uddin
R/o. Karachi.
Presently confined in
Central Jail
FIR No.195/11
U/S. 324/384/511/506-B/ 34 PPC
P.S. PIB
BAIL APPLICATION U/S. 497 CRPC
It is respectfully submitted on behalf of the abovenamed accused/applicant that this Hon’ble Court may be pleased to enlarge him on bail in consideration of the following facts and grounds: -
BRIEF FACTS
As per an FIR No.195/11, on 06-8-2011, at about 0905 hrs., the incident took place at about 1855 hrs on 11-8-2011, the Complainant states: I reside at above mentioned address, and run my own business at House No. 297, PIB colony, on 06-8-2011, I was going to get food items for Aftari, at 1855, street Iqbal Nimko near Pathan Hotel, PIB colony, suddenly a motor cyclists namely Wajahat stopped me, and put TT pistol on my temple and said handover Bhatta amount of Rs.50000/= to my brother, otherwise I will kill you & your family meanwhile put fire on my vehicle bearing #. KP 0695, Suzuki, during the same time, he and his brother, Asif, threatened me, through mobile no. 0313-4915270, that the Bhatta amount must be paid till night 12 o’clock otherwise I will kill you. Today at, 11-08-2011, 0905 o’clock, I was at my home with my family, Wjahat came on his motorcycle who fired on my home with intention to kill, and having threatening to kill escaped, now I have come to report for legal action.
GROUNDS
1. That the applicant is quite innocent and this case is false and fabricated by the complainant with help of police officers and police subordinates due to grudge/enmity of police subordinate by the ASI who demanded Rs.40,000/= from the accused, the Applicant refused to give any amount hence he arrested him.
2. That the applicant is a poor person and belongs to respectable family, the complainant has implicated the accused on instance of police due to enmity, the said ASI, who demanded Rs.40,000/= on refusal he said that the accused will have to face dire consequences and will be involved/implicated in false cases, Hence this false case, the accused was arrested from his Shop/workshop. So it is a fit case of further inquiry.
3. That there is unexplainatory delay of five day which shows is concocted story to implicate the accused/applicant.
4. That as per contents of FIR on 11-8-11, at 0905, the accused during alleged firing at the same time he and his brother extended threats to kill, how it is possible. Hence it is a fit case of further probe.
5. That wheather the alleged threatening call was made by the accused or by someone else, it is amatter of further inquiry.
6. That in the alleged two incidents as mentioned in above said FIR no body has been murdered nor injured in both incidents, the alleged empties of 30 bore TT pistol have been produced by the complainant, which are foisted one, the I.O has recovered nothing incriminating article from custody of accused nor from place of incident, So it is a fit case of further inquiry.
7. That the challan has been submitted in the matter and no further required for the investigation.
8. That the mushirs are not resident of locality/vicinity.
9. That from perusal of the contents of FIR, no prima facie case is made out under Section 324/384/511/506-B/34 PPC.
10. That the applicant is not a previous convicted nor a hardened criminal and neither he will temper with P.Ws nor will he abscond, as he is permanent resident of Karachi.
11 That if the accused/applicant is not released on bail he will not be able to defend himself properly.
12. That the applicant/accused is ready to furnish solvent surety to the entire satisfaction of this Hon'ble court.
13. That other grounds may be argued at the time of hearing of this bail application.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to grant him bail in the interest of Justice.
Karachi.
Dated: _____/10/2011.
S.M. ZUBAIR
Advocate
for the Accused/Applicant.
IN THE COURT OF … Add. SESSION JUDGE KARACHI EAST
Case No. /11.
The STATE VERSUS Wajahat
S/o. Saeed uddin
R/o. Karachi.
Presently confined in
Central Jail
FIR No.195/11
U/S. 324/384/511/506-B/ 34 PPC
P.S. PIB
APPLICATION TO CALL R n P OF THE CASE
On behalf of accused/applicant abovenamed, it is prayed respectfully that this Hon’ble court may be pleased to call R n P of the case abovementioned, as challan has been submitted by I.O of the case in Judicial Majistrate Karachi Central.
Prayed accordingly in the interest of justice.
Karachi.
Dated:____/10/11.
S.M. ZUBAIR
Advocate
for the Accused/Applicant
