Bail Application in 381A

IN  THE  COURT  OF  …  JUDICIAL  MAGISTRATE KARACHI  …..

Case No.      /2002.

The STATE                             VERSUS                            NASEER Khan @ Pervaiz

                                                                                             S/o. A. Hameed Khan

Presently Confined in

Central PRISON

                                                                                             FIR No.55/04

                                                                                             U/Section 381-A PPC.

                                                                                             P.S. North NAZIMABAD

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, is employee of Pakistan Navy dockyard, on 14/11/03, he alongwith his Friend, for shopping, were ridding over red motorcycle bearing No. LMO, 4070, Honda CD-70, Engine # M 53152, Chassis # AD 053174, at Haroon Shopping Center, Sector 15-A/2, Buffer zone, at 11.00 p.m, he parked the said motorcycle, and at 11.35 p.m came out side from there. Then he saw the said motorcycle, was disappeared, to which some one has stolen & taken away, so, he claims for taking action against unknown accused (s).

G R O U N D S

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.  /= from the accused/Applicant refused to give any amount hence they 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 blind FIR, neither name nor any description of the accused has been mentioned.

4.                  That there is un-explanatory delay of about 03 months in lodging the said FIR, as incident took place on 14-11-03 and the FIR was lodged on 13-02-04.

5.                  That investigation has been completed and the Challan has been submitted in the matter.

6.                  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.

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

8.                  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 381-A PPC.

9.                  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.

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, 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 him properly.

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

13.             That other ground may be argued at the time of hearing of this bail application.

P R A Y E R

                                    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

Advocate For the Accused