IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Bail Application
No. /2012
USMAN Ali Khan ………..…………………..... APPLICANT
VERSUS
The STATE ……………………………. RESPONDENT
FIR No. 100/11
U/S.
302/324/353/186/34 PPC
P.S. Bahadurabad
THIS IS FIRST PROTECTIVE BAIL APPLICATION
PROTECTIVE
BAIL APPLICATION
U/S.
498 CRPC
On behalf of the
Applicant, above named, it is respectfully submitted that this Hon’ble Court
may be pleased to enlarge him on Protective Bail in consideration of the
following facts and grounds:
BRIEF FACTS
As per an FIR, the Complainant, SI, Ghulam
Asghar stated:
“I was patrolling
along with PC Abdul Hameed, Driver, HC, Abdul Razzaq with Mobile Vehicle No.
4972 in the area, during patrolling at 1700 hrs, PC Irfanullah was informed on
telephone that PC Taj Muhammad were on patrolling duty on Motor Cycle and when
they came near to Kingri House Ameer Khusri Road, one Suzuki Car golden color
coming from Gulshan, in which four boys were sitting. PC Taj Muhammad suspected
and stop in order to make their personal search, one of the accused out of four
fired on PC Taj Muhammad who became injured and accused escaped away in car No.
ANM 215, thereafter complaint along with police employees stopped the car, the
accused persons came out of the car and tried to escape from the place, on
seeing such situation, police party made Arial firing; due to this police party
apprehended the two accused and the other two succeeded to escape from place of
wardat. Hence this report.”
Certified Copy of
FIR No.127/11 is annexed herewith and marked as annexure “A”.
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 belongs to respectable family and he was not even present in Karachi
because he was in Peshawar at the time of alleged occurrence and out of
Pakistan i.e. in THAILAND and MALAYSIA, and it came to
knowledge of the applicant, about this case, when he came in Karachi 0n
10-07-2012, that I.O of the case is humiliating
and unjustified harassing the family
members of the applicant and there is apprehension
to be arrested by the said I.O for the ulterior
motives.
True Copies of Passport, Visas and Air Ticket are annexed
herewith for perusal of this Hon’ble Court and marked as annexure “A/2 to A/5” respectively.
3.
That the applicant approached and tied to get Bail Before Arrest from Session
Judge Karachi East which was transferred to ASJ IV Karachi East but police
officials i.e. I.O of the case along with SHO Bahadarabad Karachi had
surrounded the premises of the Court in order to cause his arrest due to there
presence he could not get interim bail before arrest. So, the applicant has
imminent apprehension to be arrested for the ulterior motives i.e. humiliating
and unjustified harassing.
4.
That other all accused have been
granted bail already in this case; the main
two Co-accused, Nisar
Ahmed and Salman Yousuf, who were
arrested on the spot has been granted
bail by the Hon’ble High Court. The other main Co-accused, Zohaib
Iqbal, has been granted bail before arrest in
this Case by the Learned 4th ASJ Karachi East.
Photo Copies of Bail Order passed by Hon’ble
High Court and IVth ASJ Karachi Central the Courts are annexed herewith for
perusal of this Hon’ble Court and marked as annexure “A/6 to A/8” respectively.
5.
That the name of the applicant
was disclosed by the Co-accused arrested on spot which is not admissible as per law, while the
applicant he was in Peshawar at the time of occurrence and out of Pakistan i.e.
in THAILAND and MALAYSIA at the time of alleged
occurrence, the arrested accused are neighbor and they are school fellows
having cold war against each others and have some jealousy with them due to
this the arrested accused given the name of applicant to the police.
6.
That no overt act or any specific
role assigned to the applicant as per prosecution version.
7.
That it is yet to be seen as to
what was the intention and no motive
had been alleged against the
applicant.
8.
That it is yet to be determined
that who out of four hurt/fired the deceased. Hence, it is a fit case of further probe in the circumstances.
9.
That there
are all Police Officials/Sub-ordinates
has been shown witnesses in the above matter, So there is violation of mandatory provisions section
103 Cr.P.C. while the place of occurrence is well-populated area of the locality, at the time of incident
is a day time and I.O has not said to any independent person to make witness.
10.
That the all
Mashirs of Arrest & Site Plan are not resident of
locality/vicinity but the Police Officials, Subordinates while incident
took place in day time and I.O has not said to any independent person to make
witness.
11.
That crime weapon/incriminating article used by the
alleged accused has not been recovered so far from the accused arrested on
spot. So, it is fit case of further
probe and grant of bail in the circumstances.
12.
That from perusal of the FIR it is
very clear that the prosecution has concocted/conceived a story. The empty cartridge fired by the complainant has
not been shown/recovered in Mashirnama, it means no aerial fire has been fired which creates doubt, and hence it is a fit case of further probe.
13.
That no prima facie case is made out under Section U/S. 302/324/353/186/34 PPC which
has been registered under the instructions of TPO without taking into
consideration and applying his mind on the contents of the complaint.
14.
That investigation has been
completed and the challan has been submitted in court already in this case
and the applicant no more required for the purpose of investigation.
15.
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.
16.
That if the accused/applicant is not granted protective 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.
17.
That the applicant/accused is ready
to furnish solvent surety to the entire satisfaction of this Hon’ble Court.
18.
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 enlarge
him on Protective/interim pre-arrest Bail under the fact and circumstances
mentioned above.
Prayed accordingly
in the interest of Justice.
Karachi.
Dated: 17/07/12.
S M ZUBAIR
Advocate for the
Applicant
AFFIDAVIT
I, USMAN Ali Khan Son of
Muslim Ali Khan, 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 PROTECTIVE BAIL APPLICATION this, 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 and whatever stated above is true and correct to the best
of my knowledge and belief.
Karachi.
Dated: 16/07/12.
DEPONENT
CNIC #. ______________________
Mobile #. ____________________
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 above named who is identified by Mr. S M ZUBAIR, Advocate
whom I know personally.
COMMISSIONER FOR TAKING AFFIDAVITS
