Bail Before Application

IN THE COURT OF DISTRICT & SESSION JUDGE AT KARACHI WEST

B.B.A. No.               /12

ALTAF Ahmad Ansari  ……………………       APPLICANT

VERSUS

The STATE                 ……………………                  RESPONDENT

FIR No. 332/12

U/S. 420, 468, 471, 448/34 PPC

P.S. Surjani Town Karachi

                                                                                               

THIS IS FIRST BAIL

BEFORE APPLICATION

BAIL BEFORE ARREST APPLICATION

U/S. 498 CRPC

It is respectfully submitted on behalf of the above named 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, Mst. Nayyar Sultana, stated:

“I reside, at above mentioned address, I got divorce from my ex-husband,in April 2011, my mother gifted me a House No. 1233-L, Sector 4-A, Surjani Town, Karachi, after divorcemy ex-husband grbbed the said house. I started to live in parents’ house. On 08-03-12, I came to know that my ex-husband after having presented an unknown woman before Registrar got forged power and possessed forcibly.  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 I.O of the case, the applicant and complainant, after divorce, have cold war/enmity/grudge against each others and have some jealousy with them due to this the complainant lodged FIR and implicated the applicant with malafide intention, and there is apprehension to be arrested by the said I.O for the ulterior motives to humiliate and unjustified harassment the Applicant in the eyes of society.

2.                  That the Applicant 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 an abnormal unexplained delay of more than 04 months and 06 days in lodging the FIR which shows that the story is manipulated and well conceived for the ulterior motives to humiliate and unjustified harassment the Applicant in the eyes of society.

3.                  That abnormal unexplained delay of more than 04 months and 06 days in lodging the FIR, in the circumstances creates doubt, hence this case has become further inquiry.

4.                  That the allegation leveled in the FIR is Civil nature case, while Neither Copy of Ownership of the said House in question nor the afore said alleged forged Power  has been annexed with FIR.

5.                  That the allegation leveled in the FIR is Civil nature case.

6.                  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, 468, 471, 448/34 PPC which has been registered on instance of I.O without taking into consideration and applying his mind on the contents of the complaint.

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 and he will join the prosecution for investigation, 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 and he shall be suffered irreparable loss which cannot be measured monetarily and will be humiliated in the eyes of the society.

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 before arrest under the fact and circumstances mentioned above.

Prayed accordingly in the interest of Justice.

Karachi.

Dated: 0  /08/12.                                                                                  

S M ZUBAIR

Advocate for the Applicant