Saturday, June 1, 2013

23-A A.O.




 IN  THE  COURT   OF   1st. ASJ AT KARACHI WEST

Bail Application in CASE No.  536/2013


SAJID @ Toora      ………………………….            APPLICANT

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


BAIL APPLICATION U/S. 497 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 in consideration of the following facts and grounds: 

BRIEF FACTS
As per an FIR:
“In reference to FIR #. 131/13, U/S. 353, 324/34 PPC, on personal search of arrested accused Sajid @ Toora S/o Gul Muhammad, recovered one Sten Gun along with 25 alive rounds, on asking he could not produce Licence, on recovery of weapon case was registered against applicant/accused U/S. 23-A (1) A.O.

GROUNDS
1.                  That the Applicant is quite innocent and falsely implicated in this case and story in this case is false and fabricated by the complainant due to show efficiency into the eyes of high officials, and on non compliance of demanded illegal gratification.

2.                  That the applicant/accused and other main Co-accuseds have been granted bail in main case, by this Hon’ble Court in S.C. 534/2013, hence the applicant is entitled for concession of bail as a rule of consistency.

3.                  That no incriminating article has been recovered from the alleged accused/applicant and recovery is foisted one, the applicant/accused was arrested from his house when he was sleeping at his home, but due to non compliance of demanded illegal gratification.

4.                  That the applicant was arrested in FIR #. 131/13, U/S. 353, 324/34 PPC, by the complainant’s Police party and alleged that the accused persons started firing after seeing police party who in self defense also started Firing but no one was injured in counter firing which makes all story highly doubtful. Hence, it is a fit case of further probe in the circumstances.

5.                  That no specific role has been asigned by the prosecution in police en-counter, but the alleged accused has been booked  to show efficiency into the eyes of high officials.

6.                  That as per prosecution, there was a heavy exchang of ineffective firing between police party and accuse persons and as per prosecution version the prosecution has fired 50 rounds but neither any one received bullet injury nor any vehicle/property from both sides hit or damaged and there is no empties recovered or shown in FIR from place of incident. Hence this case is highly doubtful and needs further inquiry.

7.                  That the all Mashirs of Arrest & Site Plan are not resident of locality/vicinity but the Police Officials, Subordinates while the place of occurrence is well-populated area of the locality and I.O has not said to any independent person to be witness. So there is violation of mandatory provisions section 103 Cr.P.C.

8.                  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.

9.                  That the applicant is a peaceful law abiding citizen, not a previous convicted nor a hardened criminal and neither he will temper with P.Ws nor will he abscond, as he is permanent resident of Karachi.

10.             That if the accused/applicant is not granted 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.

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

12.             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 Bail under the fact and circumstances mentioned above.
Prayed accordingly in the interest of Justice.
Karachi.
Dated: 31/05/13.                                           
S M ZUBAIR
Advocate for the Applicant

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