392/34

 IN  THE  COURT   OF   Vth.     JM AT KARACHI CENTRAL

Bail Application in CASE No.      /2013

ALI NAWAZ               ………………………….            APPLICANT

VERSUS

The STATE          …………………………….                      RESPONDENT

FIR No. 81/13

U/S. 392/34.

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 complainant stated:

“I am resides at above said address and works in Medicine Company, after having meal I went out for walk, between 2200 2230 hrs. I reached at service road Cheepa Ambulance, Sector 11-K, new Karachi near Faisal Bank, suddenly two persons at motor cycle stopped me, one of them put his pistol on my head and asked me handed over mobile Nokia and then after snatching they fled away, I can recognize them if brought before me, hence this report.

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 enmity on non- compliance of demanded money as illegal gratification.

2.                  That there is blind FIR, no name, hulia, Motor cycle No. or any description of the accused has been mentioned in FIR, and name of the applicant is included in the charge sheet due to enmity by police as mentioned above.

3.                  That the applicant was under age about 16 and half years at the time of alleged incident and this case is covered by Juvenile Justice 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”.

4.                  That the applicant is in jail since more than two months.

5.                  That no overt act or any specific role assigned to the applicant as per prosecution version.

                                     

6.                  That the complainant of the case presented before this Hon’ble Court and he has no objection to grant of bail and he submitted his Affidavit as annexure “B”.

7.                  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. And this case has been foisted upon the applicant during custody on instance of I.O, the complainant pointed out the applicant/accused. Hence, it is a fit case of further probe in the circumstances. Although the applicant/accused has been granted bail in main case, dated 22-04-2013, by the Hon’ble 5^th 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 “C”.

8.                  That it is yet to be seen as to what was the intention and no motive had been alleged against the applicant, only accused came, put pistol on head and directly snatched Mobile Phone Nokia 1110 worth of Rs. 1000/- to Rs. 1500/-, and neither anything/article demanded nor searched personally.

9.                  That it is yet to be determined that who out of two put pistol on head of the complainant and snatched Mobile Phone Nokia 1110 worth of Rs. 1000/- to Rs. 1500/-. Hence, it is a fit case of further probe and creates doubt in the circumstances.

.

10.             That no incriminating article has been recovered from the alleged accused/applicant and has been implicated due to non compliance of demanded illegal gratification by police.

11.             That no prima facie case is made out under Section U/S. 392/34 PPC which has been registered without taking into consideration and applying his mind on the contents of the complaint.

12.             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.

13.             That the applicant is a peaceful law abiding child/citizen, neither 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.

14.             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.

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

16.             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: 25/05/12.                                           

S M ZUBAIR

Advocate for the Applicant