Ghulam Abbas (bail)

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

Crl. Misc. No. _____________B/2002 Ghulam Abbas S/o Allah Ditta, caste Jam, R/o Khooh Talli Wala, Mauza Qasba Sani, Tehsil & District Multan. ……PETITIONER

VERSUS The State.

……RESPONDENT

POST-ARREST BAIL PETITION U/S 497/498 CR.P.C. In Case: F.I.R. No. U/s: P.S.

89/2002 Dated: 10/11-7/79 Islamic Law. Basti Malook, Multan.

28.4.2002

Respectfully Sheweth: 1.

That the names and addresses of the parties have correctly been given for the purpose of their summons and citation.

2.

That the case was registered on the instance of one Mukhtiar Mai wife of Faiz Bakhsh, stating therein that on the day of occurrence, she, along-with her relative namely Sameea daughter of Nazar Muhammad unmarried, while cutting the gross on a watercourse near the Dera of Saleem Khan, the petitioner and Meraj son of Rustam armed with Kassi, Muhammad Jamil son of Peer Bakhs armed with sota and Nazir son of unknown armed with hatchet emerged at the spot. The petitioner and Meraj with Sameea while Meraj and Jamil with complainant committed Zina-Bil-Jabar. On hue

and cry of both the ladies, the witnesses attracted to the scene, on which all the accused persons fled away from the place of occurrence, hence, this case. Copy of F.I.R. and better copy are attached as Annex “A & A/1”. 3.

That the petitioner applied for his post-arrest bail in the court of Mr. Arshad Iqbal the learned A.S.J. Multan, who was pleased to dismiss the same vide his order dated 6.9.2002. Copy of order is Annex “B”.

4.

That the petitioner is entitled for the grant of post-arrest bail inter-alia on the following: GROUNDS i)

That this case is false and based upon a concocted story and the petitioner was roped up due to ulterior motive and malafide.

ii)

That the petitioner became victim of personal enmity and election rivalry of the locality.

iii)

That there is an unexplained delay of 1½ month for the registration of the case.

iv)

That initially the case was registered U/s 16 of (EOH) Zina Ordinance and subsequently Sec-10 was added without having any cogent reason or evidence.

v)

That the alleged abductee was recovered from the possession of one Muhammad Aslam of Mianwali. Neither police encircled the said Muhammad Aslam in investigation nor the case was properly investigated in this regard.

vi)

That it was proved during the course of investigation that the alleged abductee is a women of easy virtue and having illicit relations with so many people.

vii)

That the petitioner is a child aged 14 years 4 months and one day as per his School Leaving Certificate, in which his date of birth is mentioned as 8.1.1988. As per dated of birth, the case of the petitioner falls within the preview of juvenile justice system 2000 and Sec-7 of (EOH) Zina Ordinance, 1979. Certificate is attached as Annex “C”.

viii) That the petitioner is previously non-convict and having no previous record as well. ix)

That the petitioner is behind the bar since his arrest i.e. 9.5.2002 and no useful purpose can be served with the further detention of the petitioner.

x)

That the case of petitioner needs further proving and falls within the preview of Sec-497(s) Cr.P.C. In view of the above submissions, it is respectfully prayed that this petition may please be accepted and the petitioner may graciously be blessed with the concession of post-arrest bail. Any other relief which this Hon’ble Court deems fit, may please be granted in the interest of justice. Humble Petitioner,

Dated: ________ Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

CERTIFICATE: Certified as per instructions of the client, that this is the first post-arrest bail petition of the petitioner. No such petition has earlier been filed before this Hon’ble Court. Advocate

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

Crl. Misc. No. _____________B/2002 Ghulam Abbas

Vs

The State

INDEX S. No. DESCRIPTION OF DOCUMENTS ANNEXES PAGES 1

Urgent Form

2

Bail Petition.

3

Copy of F.I.R. along-with better copy.

4

Copy of order dated 6.9.2002.

B

5

Copy of certificate.

C

6

Power of attorney.

A & A/1

PETITIONER Dated: __________ Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176