Sunday, June 9, 2013

APPLICATION TO EXEMPT FILLING CERTIFIED FIR



IN THE COURT OF DISTRICT & SESSION JUDGE AT KARACHI WEST

B.B.A. No.               /2013.


EJAZ                             ………..………………        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:0   /06/2013.

S M ZUBAIR
Advocate for the Applicant

BBA IN 302/201/34/109 PPC



IN THE COURT OF DISTRICT & SESSION JUDGE AT KARACHI WEST

B.B.A. No.               /2013


EJAZ
Son of Chiragh Din, Muslim, adult,
R/0.                     , Yaro Khan Goth,
Surjani,
Karachi.             …………………………..…………………              APPLICANT

VERSUS

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

FIR No. 137/11
U/S. 302/201/34/109 PPC
P.S. Surjani Town
                                                                                               
THIS IS 1st. BAIL
BEFORE APPLICATION

                         
                         
BAIL BEFORE ARREST 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 bail before arrest  in consideration of the following facts and grounds: -

BRIEF FACTS
As per an FIR:
“Qasim Khan, Driver Edhi , informed on telephone that a  Corps of   unknown person, aged 30/32 years,  is lying at out side the House No.190, Yaro Khan goth, Surjani Town, so, for proceeding, send any officer, at same time it was told to the SHO.  I, Muhammad Abid, ASI, am  going to inquire the report. 
Copy of FIR No.137/11 is annexed herewith and marked as Annexure “A/1”.

GROUNDS
1.                 That the Applicant is quite innocent and story in this case is false and fabricated to humiliate and unjustified harassment of the Applicant in the eyes of society, and there is imminent apprehension to be arrested by the said I.O for the ulterior motives.

2.                 That the applicant belongs to respectable family and the applicant  was in impression that the case has been disposed of against the accused persons but he was unaware and did not know that he has been also implicated in this false case, it came to knowledge of the applicant, about this case, when the police came at his house and police 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.

3.                 That the main two Co-accused, Nadeem and Shehzad,  has been granted bail after arrest , and subsequently acquitted by the Hon’ble IIIrd. ASJ Karachi West in this case.
True Copy of Acquittal Order is annexed herewith for perusal of this Hon’ble Court and marked as annexure “A/2”.

4.                 That one arrested main Co-accused namely Furqan who was seen, by two witnesses, quarrelling with the deceased and after that firing was heard at the spot on that day ,  has been declared innocent and released U/S. 169 Cr.P.C.

5.                 That FIR is blind and name of the applicant was, with malafide intention, disclosed by the Co-accused, which is not admissible as per law, the arrested accused, having cold war/enmity/grudge/jealousy against each others  due to this the arrested accused, Shehzad, given the name of applicant to the police. no other tangible piece of evidence available on record to connect the applicant with the crime.

6.                 That the acquitted accused who was one of main accused has sworn Affidavit that he disclosed the name of the applicant due to  having cold war/ jealousy/ enmity/ grudge against each others, and the applicant is quite  innocent and he was falsly implicated by him in this case.  Hence this is fit case of further inquiry.

Affidavit of the said acquitted accused is attached herewith and marked as annexure “A/3”

7.                That neither name has been mentioned in FIR nor any specific role has been assigned by prosecution, Except for said disclosure of co-accused, there was no other tangible piece of evidence available on record to connect him with the crime in question.

8.                 That it is yet to be seen as to what was the intention and no motive had been alleged against the applicant.

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 and all Mashirs of Arrest & Site Plan are not resident of locality/vicinity and I.O has not said to any independent person to be witness.

10.           That it is a fit case of further probe and grant of bail in the circumstances as rule of consistency.

11.           That no prima facie case is made out under Section U/S. 302/201/34/109 PPC which has been registered under the instructions of TPO without taking into consideration and applying his mind on the contents of the complaint.

12.           That investigation has been completed and the challan has been submitted in court already in this case and two main Co-accused persons  have been acquitted and one has been declared innocent and declared innocent, the applicant no more required for the purpose of investigation.

13.           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.
                                                             
14.           That if the accused/applicant is not granted bail before arrest 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.

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

16.           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:        /06/13.                                           
S M ZUBAIR
Advocate for the Applicant