Monday, April 30, 2012

Bail Before Arrest in 420, 416,414 PPC


IN THE COURT OF DISTRICT JUDGE AT  KARACHI CENTRAL

B.B.A. No.____/12


 Muhammad Hanif
Son of Abdul Shakoor, Muslim, adult,
R/o. House #. 513/5-B,
Liaqatabad,
Karachi.    …………………..……………………………… APPLICANT


VERSUS


The STATE      ……………………………………….   RESPONDENT


FIR No. 138/12
U/S. 420/416/414 PPC
P.S. Gulberg
                                                                            

THIS IS FIRST BAIL
BEFORE APPLICATION



BAIL BEFORE ARREST APPLICATION U/S. 498 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, the Complainant , Muhammad Ali stated:

“I am living at the above address, doing personal business, and since  many years deal with Golden Pvt. Ltd. Co., on 28-07-2011, the said Co. gave me a Cheque bearing No. 9013011, when I inquired about the said Cheque then I was told that on 11-08-11, one person namely Hanif who got cashed the amount of Rs.138500/= having deposited in Muhammad Ali’s Bank  Account No. 0045-2, when I contacted to Muhammad Ali who assured that he will make amount back to me from M. Hanif and now Hanif is excusing to one pretext to other and extends  threats for dire consequences. Hence this report.”

GROUNDS
1.            That the Applicant is quite innocent and story in this case is false and fabricated by the complainant on instance of TPO & due to enmity, and there is apprehension to be arrested by the said police for the ulterior motives.

2.            That the Applicant is a poor person and belongs to respectable family this case has been made mala fidely for just to harass and humiliate in eyes of the society, as there is delay of more than 5 months in lodging the FIR which shows that the story is manipulated and well conceived.

3.            That the allegation leveled in the FIR are Civil nature case.

4.            That the other main Co-accused has been granted bail by the Hon’ble Adl. Session Judge Karachi Central.

5.            That from perusal of the contents of FIR it is very clear that the complainant has concocted a story, , and no prima facie case is made out under Section 420/416/414 PPC which has been registered under the instructions of TPO without taking into consideration and applying his mind on the contents of the complaint .

6.            That the present crime is not punishable with 10 years or R.I or more, hence it does no fall within ambit of prohibitory clause of section 497 Cr.PC.

7.            That the applicant is not a previous convicted nor a hardened criminal and neither he will temper with P.Ws nor he will abscond and he will join the prosecution for investigation, as he is permanent resident of Karachi.

8.            That if the accused/applicant is not released on bail he will not be able to defend him properly and he shall be suffered irreparable loss which cannot be measured monetorily and will be humiliated in the eyes of the society.

9.            That the applicant/accused is ready to furnish solvent surety to the entire satisfaction of this Hon’ble Court.

10.         That other ground 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 before arrest under the fact and circumstances mentioned above.
Prayed accordingly in the interest of Justice.
Karachi.
Dated: 30/04/12.                                                                                    
S M ZUBAIR
Advocate for the Applicant











IN THE COURT OF DISTRICT JUDGE AT  KARACHI CENTRAL

B.B.A. No.____/12



Muhammad Hanif    …………………..………       APPLICANT


VERSUS


The STATE      ……………………………………  RESPONDENT
                       

AFFIDAVIT
I, Muhammad Hanif Son of Abdul Shakoor, Muslim, adult,
R/o. House #. 513/5-B, Liaqatabad, Karachi, do hereby state as under: -

1.            That I am The Applicant/Deponent of this affidavit and as such am fully conversant with the facts of the matter deposed herein.

2.            That I have filed no such Bail Before Application before this.

3.            That the accompanying application has been drafted and filed under my express instructions and the same may be treated as part and parcel of this affidavit, the contents of the accompanied application has not been reiterated for the sake of brevity.

4.            That unless the accompanying application is not allowed I shall suffer irreparable loss, which cannot be measured monetarily.

5.            That whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.
Dated: 30/04/12.
____________
DEPONENT
CNIC #. 42101-6876199-9
The Deponent identified by me.



 S M ZUBAIR
(ADVOCATE)

                   Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2004, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

COMMISSIONER FOR TAKING AFFIDAVITS

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