IN THE COURT OF DISTRICT JUDGE AT KARACHI CENTRAL
B.B.A. No.____/12
Muhammad
Hanif
Son of
Abdul
Shakoor, Muslim, adult,
R/o. House #. 513/5-B,
Liaqatabad,
Karachi.
…………………..……………………………… APPLICANT
VERSUS
The
STATE ………………………………………. RESPONDENT
FIR No. 138/12
U/S. 420/416/414 PPC
P.S. Gulberg
THIS
IS FIRST BAIL
BEFORE
APPLICATION
BAIL BEFORE ARREST APPLICATION U/S. 498 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 , Muhammad Ali stated:
“I am living at the above
address, doing personal business, and since many years deal with Golden Pvt. Ltd. Co., on
28-07-2011, the said Co. gave me a Cheque bearing No. 9013011, when I inquired
about the said Cheque then I was told that on 11-08-11, one person namely Hanif
who got cashed the amount of Rs.138500/= having deposited in Muhammad Ali’s
Bank Account No. 0045-2, when I
contacted to Muhammad Ali who assured that he will make amount back to me from
M. Hanif and now Hanif is excusing to one pretext to other and extends threats for dire consequences. Hence this
report.”
GROUNDS
1.
That
the Applicant is quite innocent and
story in this case is false and
fabricated by the complainant on instance of TPO & due to enmity, and
there is apprehension to be arrested by the said police for the ulterior motives.
2.
That
the Applicant is a poor person and belongs to respectable family this case has
been made mala fidely for just to harass and humiliate in eyes of the society,
as there is delay of more than 5 months in
lodging the FIR which shows that the story is manipulated and well
conceived.
3.
That
the allegation leveled in the FIR are
Civil nature case.
4.
That
the other main Co-accused has been
granted bail by the Hon’ble Adl. Session Judge Karachi Central.
5.
That
from perusal of the contents of FIR it is very clear that the complainant has
concocted a story, , and no prima facie case is made out under Section 420/416/414
PPC which has been registered under the instructions of TPO without taking into
consideration and applying his mind on the contents of the complaint .
6.
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.
7.
That
the applicant is not a previous convicted nor a hardened criminal and
neither he will temper with P.Ws nor he will abscond and he will join the
prosecution for investigation, as he is permanent resident of Karachi.
8.
That
if the accused/applicant is not released on bail he will not be able to defend him properly and he shall be suffered irreparable
loss which cannot be measured monetorily and will be humiliated in the eyes of the society.
9.
That
the applicant/accused is ready to
furnish solvent surety to the entire satisfaction of this Hon’ble Court.
10.
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 before arrest
under the fact and circumstances mentioned above.
Prayed accordingly in the
interest of Justice.
Karachi.
Dated: 30/04/12.
S M ZUBAIR
Advocate
for the Applicant
IN THE COURT OF DISTRICT JUDGE AT
KARACHI CENTRAL
B.B.A. No.____/12
Muhammad Hanif …………………..……… APPLICANT
VERSUS
The
STATE …………………………………… RESPONDENT
AFFIDAVIT
I, Muhammad Hanif Son of Abdul Shakoor,
Muslim, adult,
R/o. House #.
513/5-B, Liaqatabad, Karachi, do hereby state as under: -
1.
That I am The
Applicant/Deponent of this affidavit and as such am fully conversant with the
facts of the matter deposed herein.
2.
That I have filed no
such Bail Before Application before this.
3.
That the accompanying
application has been drafted and filed under my express instructions and the
same may be treated as part and parcel of this affidavit, the contents of the
accompanied application has not been reiterated for the sake of brevity.
4.
That unless the
accompanying application is not allowed I shall suffer irreparable loss, which
cannot be measured monetarily.
5.
That whatever stated
above is true and correct to the best of my knowledge and belief.
Karachi.
Dated: 30/04/12.
____________
DEPONENT
CNIC #. 42101-6876199-9
The Deponent identified by me.
(ADVOCATE)
Solemnly affirmed on
oath before me at Karachi on this __ th day of _______ 2004, by the deponent
abovenamed who is identified by Mr. S
M ZUBAIR, Advocate whom I know
personally.
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