Reduction Of Surety Amount

                         

IN THE COURT OF DISTRICT & SESSION JUDGE SOUTH AT KARACHI

MISC. APP. No.                      /14.

A. A

Presently confined in Landhi Jail

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

VERSUS

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

CASE No. 681/14

FIR No. 19/2014

U/S. 489-F PPC

P.S. Kharadar

                                                                                               

APPLICATION FOR REDUCTION OF SURETY AMOUNT

It is respectfully submitted on behalf of, the above named, Applicant that this Hon’ble Court may be pleased to reduce Surety amount in consideration of the following facts and grounds: -

BRIEF FACTS

As per an FIR, the Complainant, UMAIR MUNIR stated:

“I reside, at above mentioned address, run my own business, I started a business alongwith Azeem Ahmed son of Syed Jamal Ahmed who got Rs. 33, 50000/= in consideration of them he gave me two cheques bearing No. 5491339 valued of Rs. 350,000/=, cheque bearing No. 5491312 valued of Rs. 30, 00,000/= dated 15-08-2013, of HBL Liaqatabad, Karachi, to whom I deposited in my Meezan Bank Ltd. On specified date that were dihonoured for insufficient balance, today I called upon Syed Azeem Ahmed who was not prepared to return back, I with the help of my brother I produce him before this police station. Hence this report.”

GROUNDS

1.                That the Learned JM Karachi South granted bail the applicant, abovenamed, in like amount of Rs. 33, 50000/=, equaling to Cheque amount, the applicant tried his level best to arrange surety but could not.

Certified Copy of Bail Order passed by the Learned JM Karachi South is attached herewith and marked as annexure “A”.

2.                That fixing of Surety equivalent to the amount of dishonored Cheque cannot be applied as matter of rule.

3.                That  in the Applicant is quite innocent and story in this case is false and fabricated by the complainant on instance of Ejaz Ali and 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.

4.                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, which shows that the story is manipulated and well conceived for the ulterior motives.

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 489-F PPC which has been registered under the instructions of S.I. without taking into consideration and applying his mind on the contents of the complaint.

6.                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.

7.                That if the surety amount is not reduced the accused/applicant will not be released on bail and 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.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to reduce surety amount under the fact and circumstances mentioned above.

Prayed accordingly in the interest of Justice.

Karachi.

Dated: 10/06/14.                                                                                    

S M ZUBAIR

Advocate for the Applicant