BAIL APPLICATION

IN THE COURT OF … JUDICIAL MAGISTRATE KARACHI  ...…..

Case No.145/2002.

The STATE                             VERSUS                                  Syed Farid-ur-Rehman 

S/o. Syed A. Qadir Shah, 

R/o. Karachi.

Presently confined in

Central Jail

                   FIR No.254/02

                   U/S. 324,353/34 PPC

                   P.S. Bufffer Zone

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.254/02, on 20-4-2002, at about 1530 hrs., the incident took place at about 1430 hrs. the Complainant with employees was on patrolling to check/control the crime, During patrolling, he reached at 1430 at near House No. R-513, Sector 15/A Bufferzone, two suspected motor cyclists were stopped, on behind seat of the said motor cycle, bearing No. KCF-835, the accused was beseated whose name was known later on as Syed Farid-ur-Rehman S/o.S.A.Qadir Shah who having resisted started to fire to kill with TT pistol on police party, having reserved right of Self-defence the police counter fired due to this the said accused was wounded & fallen on earth, while the other co-accused whose name was known as Nadeem S/o. Waheed later on having fired & left the abovesaid motor cycle got his escaped, and while the other two companions to whom their names were known as Sona and Imran later on escaped on motor cycle bearing No. Unknown. The injured accused had hold in his right hand one pistol 30 bored bearing No.31241 loaded magazine three bullets, one chamber bullet without license alongwith Rs.500/ & Rs.30/ were recovered by the police, the recovered pistol was sealed on the spot and the accused Syed Farid-ur-Rehman was duly arrested, investigation was self hand over, the arrested accused was medical treated in Abbasi shaheed Hospital on 20-4-2002, after medical treatment during investigation, the Complainant, recorded statements of the witnesses, the interim-challan is hereby submitted.

GROUNDS

1.)          That the applicant is quite innocent and this case is false and

fabricated by the police officers and police subordinates due to enmity by the A.S.I.

2.)           That the applicant is a poor person and belongs to respectable Family,

the alleged recovery is foisted one by the police officials, due to enmity as the accused Farid-ur-Rehman is a motor cycle mechanic, the said ASI made/got repaired the SHO's friend's motor cycle by the accused, and on demand of repair charges & service charges but the said ASI refused to pay and said 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 in the alleged encounter no police official/Sub-ordinate has been neither murdered nor injured but the accused, nor empty cartridges has been recovered.

4.)       That the challan has been submitted in the matter, and no further required

for the investigation.

5.)       That the complainant is, himself, I.O. (Investigation Officer) of the case,

which is mockery in the eyes of law.

6.)        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.Pc., while the place of occurrence is well-populated area of the locality, at the time of incident is a day time and I.O has not said to any person to make witness.

7.)        That the mushirs are not resident of locality/vicinity but the Police

Officials/Subordinates while incident took place in daytime.

8.)        That from perusal of the FIR it is very clear that the prosecution has

concocted/conceived a story. That the empty cartridges fired by alleged foisted pistol have not been shown/recovered in mushirnama, it means no encounter has been taken place between the Police party and accused, and no Police official or Sub-ordinate has been injured in the alleged encounter, so at this stage it is a fit case of further probe.

9.)          That the alleged weapon had neither been sealed on the spot nor sent it to

the Ballistic Expert and the alleged weapon are country made which are easily available to purchase.

10)            That from  perusal of the contents of FIR, no prima facie case is made out under Section 324,353,34 PPC.

11.)           That the offence does not fall under prohibitory clause of Section 497 Cr.PC

12.)           That the applicant is not a previous convicted  nor a hardened criminal

and neither he will temper with P.Ws nor he will abscond, as he is permanent resident of Karachi.

13.           That if the accused/applicant is not released on bail he will not be able

to defend himself properly.

14.)         That the applicant/accused is ready to furnish solvent surety to the entire

satisfaction of this Hon'ble court.

15.)         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:23/05/2002.                                   

Advocate For the Accused/Applicant.