Haq Nawaz Arrest)

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

Crl. Misc. No. _____________B/2002 Haq Nawaz S/o Noor Muhammad alias Nawaz, caste Rath, R/o Kot Daim, Tehsil Kahror Pakka, District Lodhran. ……PETITIONER

VERSUS The State.

……RESPONDENT

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

202/2002

Dated:

U/s:

364/392, 337H2/34 P.P.C.

P.S.

Saddar, Kahror Pakka

10.7.2002

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 on the night between 4/5.7.2002 people living on Basti Mari Bhago Khan, heard a noise at about 2:00 a.m. The people of locality attracted towards the noise and found the noise coming from the house of one Allah Rakha. They found four armed persons in the house; and identified Riaz Ahmad alias Riaza and Zahoor Ahmad armed with Kalashankoves, Kala S/o unknown along-with one whose complexion was narrated and can be identified on appearance. On the arrival of people of surroundings, the accused persons resorted firing

and under the cover of firing abducted the son aged 6 years and daughter Azra Bibi aged 15/16 years of Allah Rakha along-with articles and ornaments. On the statement of Allah Yar watchman (

) of the Mouza above mentioned

case was registered. Copy of F.I.R. is attached as Annex “A”, whereas better copy is Annex “A/1”. 3.

That the present petitioner is not nominated in the F.I.R. The statement of Allah Yar the real aggrieved person was shown to be recorded after about 15 days of the occurrence in which the petitioner along-with one Baqir Hussain was nominated. The petitioner and said Baqir Hussain was arrested and passed full term of legal physical remand, but nothing was recovered and ultimately the petitioner and other Baqir Hussain were discharged by the police. However, the said discharge report was not agreed by the Ilaqa Magistrate.

4.

That the petitioner applied for post-arrest bail before the learned Ilaqa Magistrate. An affidavit was tendered by the Allah Rakha, the aggrieved person, who did not own the statement under section 161 Cr.P.C. and desired that he has no objection upon the grant of bail to the petitioner. On the day of hearing his corroborative statement was recorded but the learned Magistrate was pleased to reject the bail petition of the petitioner. Copy of order dated 28.8.02, copy of affidavit and statement are Annexes “B, C & D”.

5.

That the petitioner applied for the post-arrest bail in the court of learned A.S.J. Kahror Pakka. At this instance, the bail petition of the petitioner was dismissed on 6.9.2002 for the reason that although the Allah Rakha aggrieved submitted his affidavit and made his clear statement about the innocence of the petitioner, but the complainant did not come forward to make any statement. The petitioner tried his luck again with the affidavits of complainant witnesses quoted in the F.I.R. as well as the Allah Rakha aggrieved person. But the bail petition of the petitioner was dismissed on 18.9.2002 for the

reasons best known to the learned A.S.J. Kahror Pakka. Copy of order dated 6.9.02, 18.9.02, affidavit of complainant, eyewitnesses and Allah Rakha aggrieved person with their statements overleaf are Annexes “E, F, G, H, J & K”. 6.

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

That the petitioner is not nominated in the F.I.R.

ii)

That the accused persons Riaz & Zahoor were notorious, desperate and hardened criminals and were killed during the encounter with the police, any case which was ever registered against both of them, the police was going to rope up the innocent people instead of arresting the real culprits. Such like a statement was recorded by the police with the name of Allah Rakha and the said Allah Rakha was not going to own that statement since beginning. Inspite of this fact that the statement under section 161 Cr.P.C. recorded after a fortnight of the occurrence even was not admissible under the law. Both the lower courts given under weight to that statement.

iii)

That the affidavit exonerating the petitioner were submitted in the court by all the material witnesses and this only fact makes the case of the petitioner a case of further inquiry.

iv)

That the petitioner passed a full legal term of physical remand, but nothing was recovered from the person of the petitioner.

v)

That after a thorough investigation and exploration of the matter, a discharge report was prepared by the police in respect of the petitioner.

vi)

That the petitioner is neither a previous convict nor having any previous record.

vii)

That the petitioner is behind the bar since last two months and further detention of the petitioner could not serve any useful purpose for the prosecution.

viii) That no challan is submitted and the hearing of case is not in the sight in near future. In view of the above submissions, it is respectfully prayed that the bail petition in hand may please be accepted and the petitioner may graciously be blessed with the concession of post-arrest bail till the final disposal 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 petition moved by 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 Haq Nawaz

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 28.8.2002.

B

Copy of affidavit and statement.

C&D

Copy of order dated 6.9.2002 & 18.9.2002. Copy of affidavit of complainant & witnesses with statements. Power of attorney.

E&F

5 6 7

A & A/1

G, H, J & K

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