IN THE COURT OF DISTRICT & SESSION JUDGE AT
KARACHI WEST
B.B.A. No.
/2013
EJAZ
Son of Chiragh Din,
Muslim, adult,
R/0. , Yaro Khan Goth,
Surjani,
Karachi. …………………………..………………… APPLICANT
VERSUS
The STATE
…………………………………… RESPONDENT
FIR No. 137/11
U/S. 302/201/34/109 PPC
P.S. Surjani Town
THIS IS 1st. BAIL
BEFORE APPLICATION
BAIL
BEFORE ARREST APPLICATION
U/S.
498 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 before arrest in consideration of
the following facts and grounds: -
BRIEF
FACTS
As per
an FIR:
“Qasim Khan, Driver Edhi , informed on
telephone that a Corps of unknown person, aged 30/32 years, is lying at out side the House No.190, Yaro
Khan goth, Surjani Town, so, for proceeding, send any officer, at same time it
was told to the SHO. I, Muhammad Abid,
ASI, am going to inquire the report.
Copy of FIR
No.137/11 is annexed herewith and marked as Annexure “A/1”.
GROUNDS
1.
That the Applicant is quite innocent and
story in this case is false and
fabricated to humiliate and unjustified
harassment of the Applicant in the eyes of society, and there is
imminent apprehension to be arrested by the said I.O for the ulterior motives.
2.
That
the applicant belongs to respectable family and the applicant was in impression that the case has been
disposed of against the accused persons but he was unaware and did not know
that he has been also implicated in this false case, it came to knowledge of
the applicant, about this case, when the police came at his house and police is
humiliating and
unjustified harassing the
family members of the applicant and there is apprehension to be arrested by the said I.O for the ulterior motives.
3.
That the
main two Co-accused, Nadeem and Shehzad, has been granted bail after arrest , and
subsequently acquitted by the
Hon’ble IIIrd. ASJ Karachi West in this case.
True Copy of Acquittal Order is annexed herewith for perusal of this Hon’ble
Court and marked as annexure “A/2”.
4.
That one
arrested main Co-accused namely
Furqan who was seen, by two witnesses, quarrelling with the deceased and after
that firing was heard at the spot on that day , has been declared
innocent and released U/S. 169 Cr.P.C.
5.
That
FIR is blind and name of the applicant
was, with malafide intention, disclosed by the Co-accused, which is not admissible as per law, the arrested accused, having cold
war/enmity/grudge/jealousy against each others due to this the arrested accused, Shehzad,
given the name of applicant to the police. no
other tangible piece of evidence available on record to connect the applicant with
the crime.
6.
That the acquitted accused who was one of main
accused has sworn Affidavit that he disclosed the name of the applicant due to having cold war/ jealousy/ enmity/ grudge against each others, and the applicant is
quite innocent and he was falsly
implicated by him in this case. Hence
this is fit case of further inquiry.
Affidavit of the said acquitted accused is attached herewith and marked as annexure
“A/3”
7.
That neither name has been mentioned in FIR nor
any specific role has been assigned by prosecution, Except for said disclosure of co-accused, there was no other tangible
piece of evidence available on record to connect him with the crime in question.
8.
That
it is yet to be seen as to what was the
intention and no motive had been
alleged against the applicant.
9.
That there are all Police Officials/Sub-ordinates has been
shown witnesses in the above matter, So there is violation of mandatory provisions section 103 Cr.P.C. while the
place of occurrence is well-populated
area of the locality, at the time of incident and all Mashirs of Arrest & Site Plan are not resident of
locality/vicinity and I.O has not said to any independent person to be
witness.
10.
That
it is a fit case of further probe and
grant of bail in the circumstances as rule of consistency.
11.
That no
prima facie case is made out under Section U/S. 302/201/34/109 PPC which has been registered under the
instructions of TPO 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 two main
Co-accused persons have been acquitted
and one has been declared innocent and declared innocent, the applicant no
more required for the purpose of investigation.
13.
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.
14.
That
if the accused/applicant is not granted bail before arrest 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 grant him Bail Before Arrest under the
fact and circumstances mentioned above.
Prayed accordingly in the interest of
Justice.
Karachi.
Dated: /06/13.
S M ZUBAIR
Advocate for the
Applicant
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