Bail Before Arrest

                         

IN THE COURT OF DISTRICT & SESSION JUDGE AT KARACHI CENTRAL

B.B.A. No.               /12

Abdul GHANI

Son of Abdul Sattar, Muslim, adult,

R/o. House/Flat #,

inside Nairang Market,

liaqatabad,

Karachi.    …………………..……………………                     APPLICANT

VERSUS

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

FIR No. 37/10

U/S. 489-F PPC

P.S. Sharifabad

                                                                                               

THIS IS FIRST BAIL

BEFORE APPLICATION

BAIL BEFORE ARREST APPLICATION

U/S. 498 CRPC

It is respectfully submitted on behalf of the above named 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, Shakir Hussain stated:

“I reside, at above mentioned address, run business of Scrape. About 1,1/2 years before, I gave Srape Plastic valued of Rs.5,27,417/= to a person namely Riaz Ahmad, when I demanded the said amount, he escaped to do so on one pretext to the other then he gave a cheque bearing No. 5377633 dated 21/06/09 of valued of amount 25000/=, when I produced the said cheque to encash then the related Bank refused/dishonored being bounce cheque. 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 I.O of the case to humiliate and unjustified harassment the Applicant in the eyes of society, and there is apprehension to be arrested by the said I.O for the ulterior motives.

2.                  That the Applicant is a business man 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 an abnormal unexplained delay of more than 1 years, one months (13 months) and 10 days in lodging the FIR which shows that the story is manipulated and well conceived for the ulterior motives..

3.                  That abnormal unexplained delay of more than 1 year, one month (13 months) and 10 days in lodging the FIR, in the circumstances hence this case has become further inquiry.

3-A.     That the Main accused has been acquitted in this Case by Learned Trial Court.

4.                  That the allegation leveled in the FIR is Civil nature case, while no Copy of the said cheque has been annexed with FIR.

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 506-B/34 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 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: 11/06/12.                                                                                            

S M ZUBAIR

Advocate for the Applicant

IN THE COURT OF DISTRICT & SESSION JUDGE AT KARACHI CENTRAL

B.B.A. No._______/12

Abdul GHANI              ……………………                 APPLICANT

VERSUS

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

                       

AFFIDAVIT

                I, Abdul GHANI Son of Abdul Sattar, Muslim, adult, R/o. inside Nairang Market, 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: 11/06/12.

DEPONENT

CNIC #.  ___________________________

The Deponent identified by me.

S M ZUBAIR

(ADVOCATE)

                        Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2012, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

COMMISSIONER FOR TAKING AFFIDAVITS

IN THE COURT OF DISTRICT & SESSION JUDGE AT KARACHI CENTRAL

B.B.A. No._______/12

Abdul GHANI              ……………………                 APPLICANT

VERSUS

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

                       

APPLICATION TO EXEMPT FILLING CERTIFIED FIR  

On behalf of the Applicant, it is respectfully submitted that due to the circumstances beyond the control of the Applicant, he was not able to file certified copy of FIR at the time of filling the Bail Before Application, therefore, this Hon’ble Court may be pleased to condone/exempt the Applicant from filling certified copy of FIR due to paucity of time.

Prayer is made in the greater interest of justice and equity.

Karachi.

Dated:11/06/2012.

S M ZUBAIR

Advocate for the Applicant

IN THE COURT OF DISTRICT & SESSION JUDGE AT KARACHI CENTRAL

B.B.A. No._______/12

Abdul GHANI              ……………………                 APPLICANT

VERSUS

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

                       

AFFIDAVIT

                I, Abdul GHANI Son of Abdul Sattar, Muslim, adult, R/o. inside Nairang Market, 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 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.

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

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

Karachi.

Dated: 11/06/12.

DEPONENT

CNIC #.  ___________________________

The Deponent identified by me.

S M ZUBAIR

(ADVOCATE)

                        Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2012, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.