IN THE COURT
OF JM AT KARACHI CENTRAL
Bail Application
No. /14
NADEEM
,
Son of SONO, Muslim,
adult,
Presently Confined in
CENTRAL
Prison
Karachi. …………………………..…………………… APPLICANT
VERSUS
The STATE ……………………………………….
RESPONDENT
FIR No.
42/2014
U/S. 452, 354, 406, 420, 506-B/34, PPC
P.S. GULBERG.
BAIL APPLICATION U/S. 497 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,
Aslam Pervez s/o.
Muhammad Noor stated:
“I reside at above said address, one year
before I met my childhood friend namely M. Nadeem son of Sono, Shahid Qureshi
S/o. Jamil Qureshi after a long time. Then both persons told that they are
employees in KBCA they have god relation with every kind of persons, your house
is at good location you must bear expenditures only one time and then enjoy for
life and install Mobile Phone company Tower, for this purpose you must pay
money as a bribe and this regard I paid Rs. 5344650/- on one pretext to the
other. When they did not complied with their promise, I started to demand for
return of money back and told them for legal action, on this they came at my
house having showed pistol threatened to kill and said forget your money for I
reported in police station, in reaction they engrossed in my house and beaten
me having showed pistol threatened to kill and warned do not go in police station again,
my wife and my family tried to escape me,
on this pulled head’s hairs and abused and after that on making noise the above
said persons escaped to their way, Hence this report.”
GROUNDS
1.
That the Applicant is quite
innocent and story in this case is
false and fabricated by the complainant to humiliate and unjustified harassment the Applicant in the eyes of
society, in fact the Complainant obtained loan of Rs. 300, 000/-(Rupees Three
Lac) from the accused on 19-01-2011 and executed a Receipt of the said loan in
this regard. When the accused demanded
to return the said loan amount the
complainant implicated the accused in this false case. True Copy of Receipt
of Loan is attached herewith and marked as annexure
“A”
2.
That the Applicant belongs to respectable family this case has been made
malafidely for just to harass and humiliate in eyes of the society, as there is
an abnormal unexplained delay of more
than One Year in lodging the FIR which shows that the story is manipulated
and well conceived, in the circumstances hence this case has become further inquiry.
3.
That no specific role has been assigned by prosecution, as out of two accuseds to whom and how
much the complainant gave the amount of Rs. 53, 44, 650/- there is no
other tangible piece of evidence available on record to connect him with the
crime in question.
4.
That no specific role has been assigned by prosecution, as out of two accuseds; on what
time who held the pistol, extended threats to kill, beaten the complainant and
who pulled out hairs, who abused to wife and family of the complainant there is no other tangible piece of
evidence available on record to connect him with the crime in question.
5.
That it is very strange a man who holds pistol and complainant makes noise
and mohallah people gathered and holder of pistol goes without any act or firing
in the air. This becomes very doubtful; hence this case has become further inquiry.
6.
That the allegation leveled in
the FIR is Civil nature case for any amount if given.
7.
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.
8.
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 452, 354, 406, 420, 506-B/34
PPC.
9.
That the present crime is not punishable with 10 years or R.I or
more, hence it does not fall within ambit of prohibitory clause of section
497 Cr. PC and Section 420, 354 PPC are bail able.
10.
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.
11.
That if the accused/applicant is not granted bail he will not be able to defend himself properly and
he shall be suffered irreparable loss which cannot be measured monetarily
and will be humiliated in the eyes of
the society.
12.
That the applicant/accused is ready
to furnish solvent surety to the entire satisfaction of this Hon’ble Court.
13.
That other grounds or written
arguments 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:
_______/02/14.
S M ZUBAIR
Advocate for the
Applicant
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