Ghulam Hussain (bail)

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

Crl. Misc. No. _____________B/2003 Ghulam Hussain S/o Muhammad Bilal, caste Lar, R/o Basti Ghar, P.S. City, Lodhran. ……PETITIONER

VERSUS The State.

……RESPONDENT

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

192/2003

Dated: 7.5.2003

U/s:

380 P.P.C.

P.S.

City, Lodhran.

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 instant F.I.R. was lodged on the application of one Muhammad Aslam, stating therein that he is a resident of Lodhran City and running business of fertilizers. On 5.5.03, at 6:00 P.M., his partner visited the godown and found that the lock of shutter gate was changed. The said partner found 370 bags amounting to Rs. 310,800/-, missing from the stock. The complainant, his partner and others, when inquired from the petitioner, who was happened to be a contractor for loading/unloading, he confessed the theft. The petitioner also

promised to pay the amount after selling his plot, but now refused, hence, this case. Copy of F.I.R. and better copy are attached as Annex “A & A/1”. 3.

That the petitioner filed bail petition before the Judicial Magistrate, which was turned down by the order dated 14.06.03. The bail petition before the learned Sessions Judge met with the same fate, through order dated 26.06.03. Copies of orders are placed as Annexes “B & C” respectively.

4.

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

That the petitioner is innocent and is roped in this case falsely.

ii)

That the instant case is registered against the petitioner with ulterior motive and malafide intention.

iii)

That it was matter between the partners but the petitioner is being victimised due to conspiracy hatched by the partners.

iv)

That the petitioner was lifted by the police on 02.5.03, but no arrest was shown by the police. The petitioner was illegally detained and on 22.5.03, the illegal custody was transferred to the C.I.A. Staff, Lodhran. Ultimately, a petition was filed for the recovery of petitioner and on the date fixed i.e. 24.5.03, the petitioner was produced in the court of the learned Sessions Judge, Lodhran and shown the arrest of petitioner on 23.5.03. Copy of petition and order are Annex “D & E”.

v)

That besides the illegal detention for more than 20 days, the petitioner also passed a full period of physical remand, but nothing was recovered from the petitioner.

vi)

That the petitioner is previous non-convict and having no record as well.

vii)

That whole the case of prosecution is based upon the extra-judicial confession, which is always considered as a week type of evidence.

viii) That the investigation of the case is complete and person of the petitioner is no more required for further investigation. ix)

That the petitioner is behind the bar since last six weeks and no useful purpose can be served by the further detention of the petitioner.

x)

That the instant case requires more probing and it is a case of further inquiry.

xi)

That the punishment of the offence in the F.I.R. is seven years and does not fall with in the preview of prohibitory clause of 497 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 till the final decision of the case. 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 Hussain

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 5

Copy of orders dated 14.6.03 & 26.6.03. Copy of petition and order.

6

Power of attorney.

A & A/1 B&C D&E

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