Tuesday, May 8, 2012

Bail Before Arrest Application in 504, 506-B


IN   THE   COURT   OF   DISTRICT   JUDGE   KARACHI   CENTRAL
B.B.A. No.____/04


Muhammad SALIM
Son of Muhammad Nadeem, Muslim, adult,
R/o. Karachi.    …………………..…………………………………. APPLICANT

VERSUS

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

                                                                                                FIR No.  240/04
                                                                                                U/Section 504, 506-B.
                                                                                               P.S. TAIMURIA
                                                                                               
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 , Abrar Ahmed Khan stated:

“I am living at the above address alongwith my family for last 20 years, doing personal business, 5 years ago my younger daughter namely Yasmin was married with Muhammad Salim S/o. M. Nadeem @ Dina, I caused provided the CERAMICS Goods/Items to him on my on responsibily for his business, about a sum of Rs.3,50,000/= were taken away by Muhammad Salim & his partner, then we entered into compromise, for the sake of sister’s matrimonial life I gave the golden ornaments of my sister and mother to him, but he perished, I demande of money and ornaments, due to this he extended threats to me for dire consequences, maltreated my sister, on 25-05-04 at 5-30 p.m. I was sitting alongwith my sons in shop Muhammad Salim a/w his father, Muhammad Nadeem @ Dina, brother, Naeem Tahir and partner Jamil came in a car and abused me, and extende  threats to kill on demand of money and ornaments, made noice, 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 & ASI Sajid 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 28/29 days in lodging the FIR which shows that the story is manipulated and well conceived.

3.                  That the allegation levelled in the FIR are Civil, family dispute nature case, as it is differences arose on alleged money or golden ornaments given by the Complainant to the Applicant.

4.                  That the other two Co-accuseds namely Naeem Tahir and Muhammad Nadeem has been granted bail by the Hon’ble III 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 504, 506-B PPC which has been registered under the intructins of TPO North Nazimabad Town Karachi 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 monetarily 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: - ---/---/04                                                                                             
______________   
S M ZUBAIR
Advocate for the Applicant





IN   THE   COURT   OF   DISTRICT   JUDGE   KARACHI   CENTRAL
B.B.A. No.____/04


 Muhammad SALIM …………………..……………………… APPLICANT

VERSUS

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

                       
A F F I D A V I T
                           I, Muhammad SALIM Son of Muhammad Nadeem, Muslim, adult, R/O. 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:      /04/04                                                                       ____________
                                                                               DEPONENT
                                                                               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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