BAIL IN 452,354, 406, 420, 506-B

IN THE COURT OF    JM AT KARACHI CENTRAL

Bail Application No.               /14

NADEEM ,

Son of SONO, Muslim, adult,

Presently Confined in CENTRAL Prison

Karachi.    …………………………..……………………             APPLICANT

VERSUS

                                             

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

FIR No. 42/2014

U/S. 452, 354, 406, 420, 506-B/34, PPC

P.S. GULBERG.

                                                                                               

BAIL APPLICATION U/S. 497 CRPC

It is respectfully submitted on behalf of the above named accused/Applicant 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, Aslam Pervez s/o. Muhammad Noor stated:

“I reside at above said address, one year before I met my childhood friend namely M. Nadeem son of Sono, Shahid Qureshi S/o. Jamil Qureshi after a long time. Then both persons told that they are employees in KBCA they have god relation with every kind of persons, your house is at good location you must bear expenditures only one time and then enjoy for life and install Mobile Phone company Tower, for this purpose you must pay money as a bribe and this regard I paid Rs. 5344650/- on one pretext to the other. When they did not complied with their promise, I started to demand for return of money back and told them for legal action, on this they came at my house having showed pistol threatened to kill and said forget your money for I reported in police station, in reaction they engrossed in my house and beaten me having showed pistol threatened to kill  and warned do not go in police station again, my wife and my family  tried to escape me, on this pulled head’s hairs and abused and after that on making noise the above said persons escaped to their way, Hence this report.”

GROUNDS

1.                 That the Applicant is quite innocent and story in this case is false and fabricated by the complainant to humiliate and unjustified harassment the Applicant in the eyes of society, in fact the Complainant  obtained loan of Rs. 300, 000/-(Rupees Three Lac) from the accused on 19-01-2011 and executed a Receipt of the said loan in this regard.  When the accused demanded to return the said loan amount the complainant implicated the accused in this false case. True Copy of Receipt of Loan is attached herewith and marked as annexure “A”

2.                 That the Applicant belongs to respectable family this case has been made malafidely for just to harass and humiliate in eyes of the society, as there is an abnormal unexplained delay of more than One Year in lodging the FIR which shows that the story is manipulated and well conceived, in the circumstances hence this case has become further inquiry.

3.                That no specific role has been assigned by prosecution, as out of two accuseds to whom and how much the complainant gave the amount of Rs. 53, 44, 650/- there is no other tangible piece of evidence available on record to connect him with the crime in question.

4.                That no specific role has been assigned by prosecution, as out of two accuseds; on what time who held the pistol, extended threats to kill, beaten the complainant and who pulled out hairs, who abused to wife and family of the complainant there is no other tangible piece of evidence available on record to connect him with the crime in question.

5.                 That it is very strange a man who holds pistol and complainant makes noise and mohallah people gathered and holder of pistol goes without any act or firing in the air. This becomes very doubtful; hence this case has become further inquiry.

6.                 That the allegation leveled in the FIR is Civil nature case for any amount if given.

7.                 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.

           

8.                 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 452, 354, 406, 420, 506-B/34 PPC.

9.                 That the present crime is not punishable with 10 years or R.I or more, hence it does not fall within ambit of prohibitory clause of section 497 Cr. PC and Section 420, 354 PPC are bail able.

10.           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.

11.           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.

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

13.           That other grounds or written arguments 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:  _______/02/14.                                                                                           

S M ZUBAIR

Advocate for the Applicant