Bail Application in 13-D

IN  THE  COURT  OF  …  JUDICIAL  MAGISTRATE KARACHI  …..

Case No.      /2002.

The STATE                             VERSUS                            Syed Aamir Ali

S/o. Syed Liaqat Ali,                                                                                                               R/o. Karachi.

Presently confined in

Central Jail

FIR No.  07/04

                                                                                             U/Section 13-D.

                                                                                             P.S. LIAQATABAD

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, the Complainant, SI, Gulbahar, alongwith other police employees, was on patrolling to stop & check crime, at 1110 hrs. reached at inside service Firdaus colony, Post Office, then saw one person, suspected, to whom was arrested, disclosed his name Syed Aamir Ali S/o. Syed Liaqat Ali who was searched before other police party, in right side of his wearing shalwar, tucked up, one TT pistol, three alive rounds, loaded magazines, up turned, without numbered,  was recovered, of which no license was showed, so, this act of the accused falls within Section 13-D, Arms Ordinance, was arrested duly under process, this case will be investigated by ASI, Maqbool Ahmed, copy of FIR was delivered duly, recovered weapon was taken in custody for investigation.

GROUNDS

1.                  That the Applicant is quite innocent and this case is false and fabricated by the police officials and police subordinate due to enmity by the ASI who demanded Rs.30,000/= from the accused/Applicant refused to give any amount hence he arrested him.

2.                  That the Applicant is a poor person and belongs to respectable family and the alleged recovery is foisted one by the police officials.

3.                  That there is a violation of mandatory provisions of Section 103 Cr.PC while the place of occurrence is well /thikly populated area of the vicinity.

4.                  That the mushirs are not resident of the locality but the police officials and subordinates.

5.                  That from perusal of the contents of FIR it is very clear that the prosecution has concocted a story, the alleged recovery is foisted one, and no prima facie case is made out under Section 13-d Arms Ordinance.

6.                  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.

7.                  That the present crime is not punishable with 10 years or R.I or more, hence it does no fall within ambit of prohibitory clause of section 497 Cr.PC.

8.                  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.

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

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

11.              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 grant him bail in the interest of Justice.

Karachi.

Dated: - ---/---/04                                                       

S.M. ZUBAIR

AVOCATE For the Accused