IN THE COURT OF 1st. ASJ AT KARACHI WEST
Bail Application in CASE
No. 536/2013
SAJID @
Toora …………………………. APPLICANT
VERSUS
The STATE
……………………………. RESPONDENT
BAIL
APPLICATION U/S. 497 CRPC
On behalf of the
Applicant, above named, it is respectfully submitted 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:
“In reference to FIR #.
131/13, U/S. 353, 324/34 PPC, on personal search of arrested accused Sajid @
Toora S/o Gul Muhammad, recovered one Sten Gun along with 25 alive rounds, on
asking he could not produce Licence, on recovery of weapon case was registered
against applicant/accused U/S. 23-A (1) A.O.
GROUNDS
1.
That the Applicant is quite
innocent and falsely implicated in this case and story in this case is false and fabricated by
the complainant due to show efficiency into the eyes of high officials, and on
non compliance of demanded illegal gratification.
2.
That the applicant/accused and
other main Co-accuseds have been granted bail in main case, by this Hon’ble
Court in S.C. 534/2013, hence the applicant is entitled for concession of
bail as a rule of consistency.
3.
That no incriminating article has been recovered from the alleged
accused/applicant and recovery is foisted one, the applicant/accused was
arrested from his house when he was sleeping at his home, but due to non
compliance of demanded illegal gratification.
4.
That the applicant was arrested in FIR #. 131/13, U/S. 353, 324/34 PPC,
by the complainant’s Police party and alleged that the accused persons started
firing after seeing police party who in self defense also started Firing but no
one was injured in counter firing which makes all story highly doubtful. Hence, it is a fit case
of further probe in the circumstances.
5.
That no specific role has
been asigned by the prosecution in police en-counter, but the alleged accused has
been booked to show efficiency into the
eyes of high officials.
6.
That as per prosecution, there was a heavy exchang of ineffective firing
between police party and accuse persons and as per prosecution version the
prosecution has fired 50 rounds but neither
any one received bullet injury nor any vehicle/property from both sides hit or
damaged and there is no empties
recovered or shown in FIR from place of incident. Hence this case is highly
doubtful and needs further inquiry.
7.
That the all Mashirs of Arrest & Site Plan are not resident of
locality/vicinity but the Police Officials, Subordinates while the place of
occurrence is well-populated area of
the locality and I.O has not said to any independent person to be witness. So
there is violation
of mandatory provisions section 103 Cr.P.C.
8.
That investigation has been
completed and the challan has been submitted in court already in this case
and the applicant no more required for the purpose of investigation.
9.
That the applicant is a peaceful law abiding citizen, not a previous
convicted nor a hardened criminal and neither he will temper with P.Ws nor
will he abscond, as he is permanent resident of Karachi.
10.
That if the accused/applicant is not granted 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.
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.
PRAYER
It is, therefore, most
respectfully prayed that this Hon'ble Court may be pleased to enlarge
him on Bail under the fact and circumstances mentioned above.
Prayed
accordingly in the interest of Justice.
Karachi.
Dated: 31/05/13.
S M ZUBAIR
Advocate
for the Applicant
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