BAIL APPLICATION

IN  THE  COURT OF  IV Th. ADDITIONAL SESSION JUDGE KARACHI ..…

Bail Application in Case No.304/2000.

The STATE                             VERSUS                                  FARID

S/o. Muhammad

Presently Confined in

_______________ PRISON

FIR No.  144/00

U/Section 302/34 PPC.

P.S. LIAQATABAD

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, he resides at abovementioned address with his brother Naseer uddin aged 45 years,  on 30.7.1999, at about 9.30 p.m, he alongwith  Naseer uddin, Khurshid, Mobin, Riaz @ Kallu were sitting outside of the house No.4/1 , Sikandarabad, Naseer uddin stood up, Salim Bandhani, having run, came with 2/3 companions,, with loud voice asked him that he is spy of Rangers, they would not leave him alive, Salim Bandhani fired three times with pistol, three on his brother Naseer uddin at his back left shoulder, after receipt of fire  arm injuries, he expired at Abbasi Shaheed Hospital, then he reported to police and he claims, against Salim Bandhani and his unknown companions, for taking action.

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.30,000/= from the accused/Applicant refused to give any amount hence they implicated 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 investigation has been completed and the Challan has been submitted in the matter.

4.                  That neither name of the Accused nor any description of the Accused/Applicant has been mentioned.

5.                  That there is un-explanatory delay of about 03 days in lodging the said FIR, as incident took place on 30-7-99 and the FIR was lodged on 02-08-99

6.                  That the name of accused has been included and implicated due enmity by police on pointation of co-accused which is not admissible as per article 38 of Qanoon e Shahadat.

7.                  That main & Co-accuseds had been granted bail already and at last has been acquitted.

8.                  That from perusal of the contents of FIR it is very clear that the prosecution has concocted a story, inspite of this no recovery has been made, and no prima facie case is made out under Section.

9.                  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.

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

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

12.              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.                                          

AVOCATE For the Accused