IN THE COURT OF Vth. ASJ AT
KARACHI CENTRAL
Bail Application in CASE
No. /2013
ALI
NAWAZ …………………………. APPLICANT
VERSUS
The STATE
……………………………. RESPONDENT
FIR No. 83/13
U/S. 23-A (1) A.O.
P.S. New Karachi.
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:
“The accused was
arrested in FIR #. 82/13, U/S. 353, 324/34 PPC, on personal search recovered
one TT Pistol 30 Bore No. 8884 along with loaded magazine Two alive rounds, 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 some
unknown enmity on non compliance of demanded illegal gratification.
2.
That the applicant was under age
about 16 and half years at the time of alleged incident and this case is
covered by Juvenile System. It is well settled law that minors are entitled for
bail U/S. 497 Cr.P.C, Sindh Children Act 1955 and U/S.
10 Juvenile System Ordinance 2000.
The applicant is in jail since his arrest and as per the said Ordinance minor
shall be released on bail.
Photocopy of Birth
Certificate is attached herewith as annexure “A”.
3.
That the applicant is in jail
since more than two months.
4.
That the applicant/accused has
been granted bail in main case, dated 22-04-2013, by the Hon’ble 5th
ASJ Karachi Central in Bail Application 239/2013, hence the applicant is
entitled for concession of bail.
True Copy of Bail Order is
attached herewith as annexure “B”.
5.
That no incriminating article has been recovered from the alleged
accused/applicant and recovery is foisted one due to non compliance of demanded
illegal gratification.
6.
That the applicant was arrested in FIR #. 82/13, U/S. 353, 324/34 PPC,
by the complainant’s Police party and alleged that the accused 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.
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 child/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: 25/05/13.
S M ZUBAIR
Advocate
for the Applicant
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