Hafiz Muhammad Aslam

BEFORE THE JUDGE, ANTI-TERRORISM COURT NO. 1, MULTAN.

Hafiz Muhammad Aslam S/o Mehmood Bakhsh, caste Qasai, R/o Basti Muhammad Pur, Tehsil Shujabad, District Multan. Petitioner VERSUS The State

………Respondent

PETITION U/S 497 CR.P.C. F.I.R. No. 430/2000 P.S. City Shujabad,

Dated: 11.9.2000 , U/s: 324/34 P.P.C., 7 Anti-terrorism Act.

Respectfully Sheweth: 1.

That, it is the first bail petition of the petitioner before this Hon’ble Court. Previously, a pre-arrest bail petition was filed before the learned Additional Sessions Judge, Shujabad, and the same became in fructuous due to addition of Sec-7 Antiterrorism Act.

2.

That the F.I.R. was registered on the statement of one Allah Ditta. He stated that on 10.9.2000, one Qari Shabbir Ahmad, teacher of Madrisa Zia-ul-Quran came to his home and alleged that Ashiq Hussain brother of complainant had stolen the bed clothes of students of Madrisa, on which complainant assured Qari Shabbir Ahmad to make a query in this regard. On same day at 8.00 a.m. Ashiq Hussain was called at Madrisa through two student. After some time when the complainant along-

with PW’s went to the Madrisa and heard Qari Shabbir Ahmad who ordered to throw Ashiq Hussain in the drum of boiled water. In their view, the petitioner and Qari Shabbir Ahmad threw the Ashiq Hussain in the drum, by which Ashiq Hussain was burnt. Hence, this F.I.R. Copy is Annex “A”. 3.

That the petitioner is entitled for the concession of bail after arrest inter alia on the following: GROUNDS i)

That case against the petitioner is false one and got registered with the connivance of local police.

ii)

That the case is registered due to personal enmity, because the alleged injured is an addict, always committing thefts in the area and Madrisa.

iii)

That the occurrence is not correctly stated in the F.I.R. In fact, near about 12.00 noon all the students went to mosque for the “Zuhar” prayer. The alleged injured took the benefit of this time, tried to scale over the wall and himself fallen in drum of boiled water, present underneath the wall, by slip of foot. The alleged injured was pulled out and the petitioner and others, arranged for the hospital. After this, it was made a public issue and case was registered against the petitioner and other.

iv)

That by throwing all these injuries are not possible.

v)

That the ingredients of Sec. 324 are not attracted.

vi)

That Sec. 7-Anti-terrorism Act is inserted due to malafide intention. Ingredients of Sec. 6 Anti-terrorism Act are not attracted by any way. This act of police also smacks the favouritism and partial investigation.

vii)

That the petitioner is no more required for the purpose of investigation.

viii) That the challan is submitted and further detention of petitioner can not serve any useful purpose. ix)

That the petitioner has no previous record or conviction. It is, therefore, most respectfully prayed that the petitioner may kindly be granted the concession of post-arrest bail. Humble Petitioner

Dated: ___________ (Hafiz Muhammad Aslam)

Through: Hamad 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