Bail Application in 324/384/511/506-B/ 34 PPC

IN  THE  COURT  OF IInd. ASJ  KARACHI   EAST

Session Case No. 22/11.

The STATE                             VERSUS                Wajahat

S/o. Saeed uddin

R/o. Karachi.

Presently confined in

Central Jail

FIR No.195/11

U/S. 324/384/511/506-B/ 34 PPC

P.S. PIB

BAIL APPLICATION U/S. 497 CRPC

It is respectfully submitted on behalf of the abovenamed 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 No.195/11, on 06-8-2011, at about 0905 hrs., the incident took place at about 1855 hrs on 11-8-2011, the Complainant states: I reside at above mentioned address, and run my own business at House No. 297, PIB colony, on 06-8-2011, I was going to get food items for Aftari, at 1855, street Iqbal Nimko near Pathan Hotel, PIB colony, suddenly a motor cyclists namely Wajahat stopped me, and put TT pistol on my temple and said handover Bhatta amount of  Rs.50000/= to my brother, otherwise I will kill you & your family meanwhile put fire on  my vehicle bearing #. KP 0695, Suzuki, during the same time, he and his brother, Asif, threatened me, through   mobile no. 0313-4915270, that the Bhatta amount must be paid till night 12 o’clock otherwise I will kill you. Today at, 11-08-2011, 0905 o’clock, I was at my home with my family, Wjahat came on his motorcycle who fired on my home with intention to kill, and having threatening to kill escaped, now I have come to report for legal action.

GROUNDS

1.       That the applicant is quite innocent and this case is false and fabricated by the complainant with help of police officers and police subordinates due to grudge/enmity of police subordinate by the ASI who demanded Rs.40,000/= from the accused, the Applicant refused to give any amount hence he arrested him.

2.       That the applicant is a poor person and belongs to respectable family, the complainant has implicated the accused on instance of police due to enmity, the said ASI, who demanded Rs.40,000/= on refusal he said that the accused will have to face dire consequences and will be involved/implicated in false cases, Hence this false case, the accused was arrested from his Shop/workshop. So it is a fit case of further inquiry.

3.       That there is unexplainatory delay of five day which shows is concocted story to implicate the accused/applicant.

4.       That as per contents of FIR on 11-8-11, at 0905, the accused during alleged firing at the same time he and his brother extended threats to kill, how it is possible. Hence it is a fit case of further probe.

5.       That wheather the alleged threatening call was made by the accused or by someone else, it is amatter of further inquiry.

6.       That in the alleged two incidents as mentioned in above said FIR no body has been murdered nor injured in both incidents, the alleged empties of 30 bore TT pistol have been produced by the complainant, which are foisted one, the I.O has recovered nothing incriminating article from custody of accused nor from place of incident, So it is a fit case of further inquiry.

7.       That the challan has been submitted in the matter and no further required for the investigation.

8.       That the mushirs are not resident of locality/vicinity.

9.       That from  perusal of the contents of FIR, no prima facie case is made out under Section 324/384/511/506-B/34 PPC.

10.     That the applicant is 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.

11      That if the accused/applicant is not released on bail he will not be able to defend himself properly.

12.     That the applicant/accused is ready to furnish solvent surety to the entire satisfaction of this Hon'ble court.

13.     That other grounds 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 in the interest of Justice.

Karachi.

Dated: _____­/10/2011.                               

S.M. ZUBAIR

Advocate

for the Accused/Applicant.

IN THE COURT OF … Add. SESSION JUDGE KARACHI EAST

Case No.             /11.

The STATE                             VERSUS                Wajahat

S/o. Saeed uddin

R/o. Karachi.

Presently confined in

Central Jail

FIR No.195/11

U/S. 324/384/511/506-B/ 34 PPC

P.S. PIB

APPLICATION TO CALL R n P OF THE CASE

On behalf of accused/applicant abovenamed, it is prayed respectfully that this Hon’ble court may be pleased to call R n P of the case abovementioned, as challan has been submitted by I.O of the case in         Judicial Majistrate Karachi Central.

Prayed accordingly in the interest of justice.

Karachi.

Dated:____/10/11.

S.M. ZUBAIR

Advocate

for the Accused/Applicant

Suit for Dissolution of Marriage By Way of Khula, Recovery of Dowry Articles and Maintenance

IN  THE  COUIN  THE  COURT  OF   FJ &  G & W  JUDGE  KARACHI  CENTRAL 

F.S. No. 1824 /11

Mst. RUBAB

D/o. Muhammad Salim Shaikh

Muslim, adult, R/o. House No. 84,

Akram abad,

Liaqat abad,

Karachi                            ……………………………………       PLAINTIFF

VERSUS

Muhammad WAQQAS

Son of Allah Meher Qureshi,

Muslim, Adult, R/o. House No. 102,

Jahangir abad,

Nazim abad,

Karachi                                 ………………………………          DEFENDANT

SUIT FOR DISSOLUTION OF MARRIAGE

BY  WAY  OF  KHULA,  RECOVERY  OF

DOWRY ARTICLES AND MAINTENANCE

The Plaintiff abovenamed states as under: -

1.            That the Plaintiff was married with the Defendant at Karachi, in 11.05.2009, as per Shariat Law, in consideration of dower amount of Rs. 11,000/=(Rupees Eleven Thousand only) which is still unpaid, Photocopy of  Nikahnama is annexed herewith and marked as Annexure “P/1”.

2.            That rukhsati took place at the same day; the plaintiff’s parents presented dowry articles i.e. tv, refrigerator, golden ornaments alongwith furniture etc, worth of Rs. 7,50,000/= (Rupees Seventy five thousand only) to the plaintiff to facilitate her at defendant’s home abovementioned. Photocopy of list of dowry articles alongwith Receipts/Bills are enclosed herewith and marked as Annexure “P/2 to P/ 14”.

3.            That after rukhsati,  relations between the spouses remained harmonious for few days and then the defendant started to inflict mental & physical torture and mal-treated the Plaintiff, since the marriage was taken place the defendant did not maintain her properly but her parents, besides this the Plaintiff tried to lead a harmonious married life, she served the Defendant as well his parents, brother and sister as a servant, inspite of this behaviour toward her she loved him so much, but the whole family of the Defendant spare no opportunity to degrade her, on false complaints made by the whole family, the Defendant used to beat her brutally severally and used filthy language against her and her parents. The Plaintiff was always maintained by her parents, while the defendant is doing job at private factory and his monthly salary is more than Rs.11000/= and he is in well position to pay maintenance to the plaintiff but he is victim of gambling and he spends his most of earning in gambling.

4.            That the defendant is addicted person and always suspected her character in the whole matrimonial life, since the marriage took place the Defendant did not give permission to see with her parents, sisters, brothers properly, she met them in presence of anyone member of his family.

5.            That the defendant used to come with his friends seems to be ghundas and ordered to fulfill all kinds of wishes of them, on refusal to beat brutally and severally and miserably and used filthy language against her and her parents and then used to make apologize.

6.            That in April 2011, the Defendant, on some pity reasons, on instigation of his mother & sister the Defendant beaten her beastly and used filthy language against her and her parents and turned her out in three clothes, while all the dowry articles i.e. tv, refrigerator, gold ornaments alongwith furniture worth of Rs. 7,50,000 /= are lying in the Defendant’s house. Since April 2011 the plaintiff is living in her parents’ home.

7.            That under the circumstances mentioned above, the Plaintiff has developed hatred toward the defendant and it is beyond her control to live together within limits prescribed by AL-MIGHTY ALLAH and plaintiff is ready to waive/forego her dower amount in consideration of dissolution of marriage by way of Khula.

8.            That the cause of action accrued to the plaintiff when the Defendant beaten her and used filthy language firstly and after that day by day and finally when he turned her out of his house with her six children, she is residing within limits of P.S Liaqatabad, which is within jurisdiction of this Hon’ble Court.

9.            That the prescribed court fees stamps has affixed as the suit is valued in accordance with the provision of Family Court Act.

PRAYER

                  It is respectfully prayed that this Hon’ble Court may be pleased to pass Judgment and Decree in favoure of the Plaintiff against the Defendant claims: -

A)                   To dissolve the marriage by way of Khula.

B)                   To direct the defendant to handover, to the plaintiff, all dowry articles i.e. tv, refrigerator, gold ornaments, furniture etc, worth of Rs. 7,50,000/= as per list of dowry articles.

C)                   To direct the defendant to pay past maintenance to the plaintiff at the rate of Rs.3,000/= per month from month of May 2009 uptill now and in future upto iddat period on increment of 10%.

D)                   Costs of the suit.

E)                   Any other relief, which this Hon’ble Court deems fit and proper in the circumstances of the case.

Karachi.

Dated: 21/10/2011.

PLAINTIFF

Advocate for the Plaintiff

VERIFICATION

                    I, Mst. RUBAB Daughter of Muhammad Salim Shaikh, Muslim, adult, R/o. Karachi, do hereby verify and state on oath that whatever stated above is true correct to the best my knowledge and belief.

Karachi.    

Dated: 21/10/11.                                                              

Deponent/Plaintiff

The deponent identified by me

S.M.  ZUBAIR

(ADVOCATE)

 Solemnly affirmed on oath before me at Karachi on this 21st. day October 2011, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

                                          The contents of the Plaint have been read over and explained to the Deponent in Urdu too and she seems to be understood the same and set his/her signature/thumb impression.

COMMISSIONER FOR TAKING AFFIDAVITS

DOCUMENTS FILED                             :    Annexure P/1 to P/      .

DOCUMENTS RELIED UPON              :   ALL RELEVANT DOCUMENTS  

ADDRESS OF DEFENDANTT              :   AS PER TITLE OF THE SUIT.

FOR SERVICE.

ADDRESS OF THE COUNSEL             :   31, BARI CHAMBERS, Near Jama  

FOR DEFENDANT                                        Cloth, Robson road, Karachi.

Suit for Dissolution of Marriage by Way of Khula

IN  THE  COURT  OF          FJ &  G & w  JUDGE  KARACHI  CENTRAL

F.S. No.        /11

 

Mst. RUBAB

D/o. Muhammad Salim Shaikh

Muslim, adult, R/o. House No. 84,

Akram abad,

Liaqat abad,

Karachi                            ……………………………………       PLAINTIFF

VERSUS

 

Muhammad WAQQAS

Son of Allah Meher Qureshi,

Muslim, Adult, R/o. House No. 102,

Jahangir abad,

Nazim abad,

Karachi                                 ………………………………          DEFENDANT

SUIT  FOR  DISSOLUTION  OF  MARRIAGE  BY  WAY

OF KHULA AND RECOVERY OF DOWRY ARTICLES

The Plaintiff abovenamed states as under: -

1.                  That the Plaintiff was married with the Defendant at Karachi, in 11.05.2009, as per Shariat Law, in consideration of dower amount of Rs. 11,000/=(Rupees Eleven Thousand only) which is still unpaid, Photocopy of  Nikahnama is annexed herewith and marked as Annexure “P/1”.

2.                  That rukhsati took place at same day; the plaintiff’s parents presented dowry articles i.e. tv, refrigerator, golden ornaments alongwith furniture etc, worth of Rs.             /= (Rupees                                   ) to the plaintiff to facilitate her at defendant’s home abovementioned. Photocopy of list of dowry articles alongwith Receipt/Bills are enclosed herewith and marked as Annexure “P/2 to P/        ”.

3.                  That after rukhsati,  relations between the spouses remained harmonious for few days and then the defendant started to inflict mental & physical torture and mal-treated the Plaintiff, since the marriage was taken place the defendant did not maintain her properly but her parents, besides this the Plaintiff tried to lead a harmonious married life, she served the Defendant as well his parents, brother and sister as a servant, inspite of this behaviour toward her she loved him so much, but the whole family of the Defendant spare no opportunity to degrade her, on false complaints made by the whole family, the Defendant used to beat her brutally severally and used filthy language against her and her parents. The Plaintiff was maintained by her parents.

4.                  That the defendant is addicted and jobless person and always suspected her character in the whole matrimonial life.

5.                  That since the marriage took place the Defendant did not give permission to see with her parents, sisters, brothers properly, she met them in presence of anyone member of his family.

6.                  That the defendant used to come with his friends seems to be ghundas and ordered to fulfill all kinds of wishes of them, on refusal to beat brutally and severally and miserably and used filthy language against her and her parents and then used to make apologize.

7.                  That in April 2011, the Defendant, on some pity reasons, on instigation of his mother & sister the Defendant beaten her beastly and used filthy language against her and her parents and turned her out in three clothes, while all the dowry articles i.e. tv, refrigerator, gold ornaments alongwith furniture worth of Rs.                     /= are lying in the Defendant’s house. Since April 2011 the plaintiff is living in her parents home.

8.                  That under the circumstances mentioned above, the Plaintiff has developed hatred toward the defendant and it is beyond her control to live together within limits prescribed by AL-MIGHTY ALLAH and plaintiff is ready to waive/forego her dower amount in consideration of dissolution of marriage by way of Khula.

9.                  That the cause of action accrued to the plaintiff when the Defendant beaten her and used filthy language firstly and after that day by day and finally when he turned her out of his house with her six children, she is residing within limits of P.S Liaqatabad, which is within jurisdiction of this Hon’ble Court.

10.             That the prescribed court fees stamps has affixed as the suit is valued in accordance with the provision of Family Court Act.

P R A Y E R

                              It is respectfully prayed that this Hon’ble Court may be pleased to pass Judgment and Decree in favoure of the Plaintiff against the Defendant claims: -

A)                           To dissolve the marriage by way of Khula.

B)                            To recover all dowry articles i.e. tv, refrigerator, gold ornaments, furniture etc, worth of Rs.               /= as per list of dowry articles.

C)                            Costs of the suit.

D)                           Any other relief, which this Hon’ble Court deems fit and proper in the circumstances of the case.

Karachi.

Dated:            ---/10/2011.

PLAINTIFF

Advocate for the Plaintiff

VERIFICATION

                    I, Mst. RUBAB Daughter of Muhammad Salim Shaikh, Muslim, adult, R/o. Karachi, do hereby verify and state on oath that whatever stated above is true correct to the best my knowledge and belief.

Karachi    

Dated: ----/10/11.                                                              

Deponent/Plaintiff

The deponent identified by me

S.M.  ZUBAIR

(ADVOCATE)

Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2011, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

                                          The contents of the Plaint have been read over and explained to the Deponent in Urdu too and she seems to be understood the same and set his/her signature/thumb impression.

COMMISSIONER FOR TAKING AFFIDAVITS

DOCUMENTS FILED                             :    Annexure P/1 to P/    .

DOCUMENTS RELIED UPON              :   ALL RELEVANT DOCUMENTS  

ADDRESS OF DEFENDANTT              :   AS PER TITLE OF THE SUIT.

FOR SERVICE.

ADDRESS OF THE COUNSEL             :   31, BARI CHAMBERS, Near Jama  

FOR DEFENDANT                                        Cloth, Robson road, Karachi

KHULA

IN  THE  COURT  OF          FJ &  G & w  JUDGE  KARACHI  CENTRAL

F.S. No.        /11

 

Mst. RUBAB

D/o. Muhammad Salim Shaikh

Muslim, adult, R/o. House No. 84,

Akram abad,

Liaqat abad,

Karachi                            ……………………………………       PLAINTIFF

VERSUS

 

Muhammad WAQQAS

Son of Allah Meher Qureshi,

Muslim, Adult, R/o. House No. 102,

Jahangir abad,

Nazim abad,

Karachi                                 ………………………………          DEFENDANT

SUIT  FOR  DISSOLUTION  OF  MARRIAGE  BY  WAY

OF KHULA AND RECOVERY OF DOWRY ARTICLES

The Plaintiff abovenamed states as under: -

1.                  That the Plaintiff was married with the Defendant at Karachi, in 11.05.2009, as per Shariat Law, in consideration of dower amount of Rs. 11,000/=(Rupees Eleven Thousand only) which is still unpaid, Photocopy of  Nikahnama is annexed herewith and marked as Annexure “P/1”.

2.                  That rukhsati took place at same day; the plaintiff’s parents presented dowry articles i.e. tv, refrigerator, golden ornaments alongwith furniture etc, worth of Rs.             /= (Rupees                                   ) to the plaintiff to facilitate her at defendant’s home abovementioned. Photocopy of list of dowry articles alongwith Receipt/Bills are enclosed herewith and marked as Annexure “P/2 to P/        ”.

3.                  That after rukhsati,  relations between the spouses remained harmonious for few days and then the defendant started to inflict mental & physical torture and mal-treated the Plaintiff, since the marriage was taken place the defendant did not maintain her properly but her parents, besides this the Plaintiff tried to lead a harmonious married life, she served the Defendant as well his parents, brother and sister as a servant, inspite of this behaviour toward her she loved him so much, but the whole family of the Defendant spare no opportunity to degrade her, on false complaints made by the whole family, the Defendant used to beat her brutally severally and used filthy language against her and her parents. The Plaintiff was maintained by her parents.

4.                  That the defendant is addicted and jobless person and always suspected her character in the whole matrimonial life.

5.                  That since the marriage took place the Defendant did not give permission to see with her parents, sisters, brothers properly, she met them in presence of anyone member of his family.

6.                  That the defendant used to come with his friends seems to be ghundas and ordered to fulfill all kinds of wishes of them, on refusal to beat brutally and severally and miserably and used filthy language against her and her parents and then used to make apologize.

7.                  That in April 2011, the Defendant, on some pity reasons, on instigation of his mother & sister the Defendant beaten her beastly and used filthy language against her and her parents and turned her out in three clothes, while all the dowry articles i.e. tv, refrigerator, gold ornaments alongwith furniture worth of Rs.                     /= are lying in the Defendant’s house. Since April 2011 the plaintiff is living in her parents home.

8.                  That under the circumstances mentioned above, the Plaintiff has developed hatred toward the defendant and it is beyond her control to live together within limits prescribed by AL-MIGHTY ALLAH and plaintiff is ready to waive/forego her dower amount in consideration of dissolution of marriage by way of Khula.

9.                  That the cause of action accrued to the plaintiff when the Defendant beaten her and used filthy language firstly and after that day by day and finally when he turned her out of his house with her six children, she is residing within limits of P.S Liaqatabad, which is within jurisdiction of this Hon’ble Court.

10.             That the prescribed court fees stamps has affixed as the suit is valued in accordance with the provision of Family Court Act.

P R A Y E R

                              It is respectfully prayed that this Hon’ble Court may be pleased to pass Judgment and Decree in favoure of the Plaintiff against the Defendant claims: -

A)                           To dissolve the marriage by way of Khula.

B)                            To recover all dowry articles i.e. tv, refrigerator, gold ornaments, furniture etc, worth of Rs.               /= as per list of dowry articles.

C)                            Costs of the suit.

D)                           Any other relief, which this Hon’ble Court deems fit and proper in the circumstances of the case.

Karachi.

Dated:            ---/10/2011.

PLAINTIFF

Advocate for the Plaintiff

VERIFICATION

                    I, Mst. RUBAB Daughter of Muhammad Salim Shaikh, Muslim, adult, R/o. Karachi, do hereby verify and state on oath that whatever stated above is true correct to the best my knowledge and belief.

Karachi    

Dated: ----/10/11.                                                              

Deponent/Plaintiff

The deponent identified by me

S.M.  ZUBAIR

(ADVOCATE)

Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2011, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

                                          The contents of the Plaint have been read over and explained to the Deponent in Urdu too and she seems to be understood the same and set his/her signature/thumb impression.

COMMISSIONER FOR TAKING AFFIDAVITS

DOCUMENTS FILED                             :    Annexure P/1 to P/    .

DOCUMENTS RELIED UPON              :   ALL RELEVANT DOCUMENTS  

ADDRESS OF DEFENDANTT              :   AS PER TITLE OF THE SUIT.

FOR SERVICE.

ADDRESS OF THE COUNSEL             :   31, BARI CHAMBERS, Near Jama  

FOR DEFENDANT                                        Cloth, Robson road, Karachi