188

  

IN THE COURT OF __ JUDICIAL MAGISTRATE AT KARACHI _____________

B.A. No.                    /2013.

The STATE         VERSUS                       1. ______________________

2. _______________________

FIR No. _______/2013

U/S. 188 PPC

P.S. ______________.

                                                                                               

BAIL APPLICATION U/S. 497 CRPC

It is respectfully submitted on behalf of the above named accused(s)/Applicant(s) that this Hon’ble Court may be pleased to enlarge him/them on bail in consideration of the following facts and grounds: -

BRIEF FACTS

As per an FIR, the Complainant stated: “The Police Mobile was on patrolling, then it was seen that the above said persons were riding on a motor cycle which is banned, thus they violated the Order of section 144 Cr.P.C, and they were stopped by the police party.”

 Hence this report.”

GROUNDS

1.                  That the Applicant is quite innocent and story in this case is false and fabricated by the complainant implicated malafidely for the ulterior motives.

2.                  That the provisions provided by the Section 144 of Sub-Section (6) Cr.P.C. that Police Officer is not authorized to register the case U/S. 188 PPC unless the complaint in writing made by the authority imposing 144 Cr.P.C. himself or his Superior as provided by section 195 (1) (a) Cr.P.C.

3.                  That the complainant/I.O. of this case has violated the law by booking the innocent persons/citizens under excess power.

4.                  That the place of incident is very thickly populated area but no mashir has been taken from locality thus there is violation of mandatory provisions of Section 103.

           

5.                  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 188 PPC.

6.                  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.

7.                  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.

8.                  That if the accused/applicant is not granted bail he will not be able to defend himself properly and he shall be suffered irreparable loss which cannot be measured monetarily and will be humiliated in the eyes of the society.

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

10.             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/them on bail under the facts, grounds and circumstances mentioned above.

Prayed accordingly in the interest of Justice.

Karachi.

Dated: ____/____/13.                                                                                     

S M ZUBAIR

Advocate for the Applicant(s)