Imam Bakhsh

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

Crl. Misc. No._____________/B/2002 Imam Bakhsh S/o Mangla, caste Natkani Baloch, R/o Darkhast Jamal Khan Darmiani, District Dera Ghazi Khan. ……….Petitioner VERSUS The State.

……..Respondent

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

131 Dated: 14.8.2001 334/34 P.P.C. Darkhast Jamal Khan (D.G. Khan).

Respectfully Sheweth: 1. That the names and addresses of the parties have correctly been given for the purpose of their summons and citations. 2. That the instant F.I.R. was registered on the statement of one Ghulam Ali, stating thereby, that he is resident of Basti Bhinda falling in the jurisdiction of Mauza Darkhast Jamal Drmiyani. He was married to Mithan Mai about 10/11 year ago. There are six children from the wedlock and all are alive. On the night falling between 23/24.7.2001, he was sleeping in his house, near about 1:00 A.M., he awakened on the noise of his wife Mst. Mithan. He saw in the light of torch, Fida Hussain son of Ramzan, hodling a

cane of acid along-with a mugga, while Abid Hussain son of Khadim Hussain caste Kachyani was holding the arm of his wife Mst. Mithan; and Imam Bakhsh son of Mangla Shikhani resident of Darkhast Jamal Darmiyani was standing behind. In his view, Fida Hussain, on the Mst. Mithan; and Imam Bakhsh on the Ishaq aged six months threw acid. On the hue and cry, witnesses attracted to the spot and accused persons fled away. Motive behind the occurrence was stated that Fida Hussain etc. made fun with Mst. Mithan, on which complainant resisted, then Fida Hussain etc. threatened the complainant to face the consequences. Copy of F.I.R. is annexed as Annex “A” and better copy is Annex “A/1”. 3. That all the three accused applied for their post arrest bail before the learned Magistrate, but the application was withdrawn on 11.9.2001. Again the three accused persons applied for post arrest bail, but the same was dismissed vide order dated 19.10.2001 by the Magistrate. Their post arrest bail petition met with same fate vide order dated 13.12.2001, before the learned A.S.J., D.G. Khan. On 12.1.2002, the bail was granted to Fida Hussain and Abid Hussain on the basis of compromise, by the learned Magistrate. While the bail petition of petitioner was rejected vide order dated 18.2.2002 by the learned A.S.J. D.G. Khan. Copy of order dated 18.2.2002 is Annex “B”. 4. That the petitioner is entitled for the concession of post arrest bail inter alia on the following: GROUNDS i) That the petitioner is innocent and roped up in this case due to party friction and political rivalry. ii)

That the case against the petitioner is false one and a concocted story.

iii)

That this case is a prima facie result of conspiracy between the police and complainant.

iv)

That there is un-explained delay of 22 days in the lodging of F.I.R.

v)

That the role attributed to the petitioners does not seem to be genuine, but looking like an effort to involve the petitioner at any cost.

vi)

That on 24.7.2001 the complainant lodged Rapat No. 10 on the same facts but against the unknown persons.

vii)

That the eyewitnesses in F.I.R. are different from the eyewitnesses quoted in the Rapat. Copy of Rapat is Annex “C”.

viii) That the petitioner was arrested from his home on 25.9.2001 and remained on physical remand for 14 days but nothing was recovered from the petitioner. ix)

That as per Medico-legal Certificates there is no opinion of expert regarding the “Itlaf-e-Udw”. The Police itself made an opinion and registered the case under section 334 P.P.C. Copies of the Medico-legal Certificates are attached as Annexes “ D & E”.

x)

That prima facie the case of the petitioner does not fall within the ambit of Prohibitory Clause of Section 497 Cr.P.C.

xi)

That the petitioner is behind the bars since his arrest (25.9.2001), investigation is complete and petitioner is no more required by the police.

xii)

That reasonable grounds do not exist to connect the petitioner with offence, even it is a case of further inquiry in the present circumstances.

xiii) That the petitioner was declared innocent during the investigation and finally the Challan is submitted under the same opinion. xiv) That the petitioner is neither previous convict nor has any record. Keeping in view of the above-mentioned submissions, it is respectfully prayed that the petition in hand may kindly be accepted and post arrest bail may please be allowed to the petitioner. Any other relief, order or direction which this Hon’ble Court deems fit may please be extended in favour of petitioner to meet the ends 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 clients, that this is the first petition on the subject matter. No such petition has earlier been filed before this Hon’ble court. Advocate

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. _____________/2002 In Crl. Misc. No._____________/B/2002 Imam Bakhsh

Vs

The State

APPLICATION FOR DISPENSING WITH THE FILING OF CERTIFIED COPIES OF ANNEXURES. =========================================

Respectfully Sheweth: That certified copies of Annexures “A, C to E”are not available. However, uncertified/photo state copies of the same have been annexed with the petition, which are true copies of the original documents. It is, therefore, respectfully prayed that this Hon’ble court may please dispense with the filing of aforesaid copies of the documents. APPLICANT, Dated: __________ (IMAM BAKHSH) 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

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

Crl. Misc. No._____________/B/2002 Imam Bakhsh

Vs

The State

INDEX S. No. DESCRIPTION OF DOCUMENTS ANNEXES PAGES 1

Urgent Form

2 3

Bail Petition. Copy of F.I.R. & better copy.

4

Copy of order dated 18.2.2002.

5

8

Copy of Rapat No. 1o dated 24.7.2002 C & C/1 & better copy. Copy of M.L.C. of Mst. Mithan & D & D/1 better copy. Copy of M.L.C. of M. Ishaq & better E & E/1 copy. Dispensation Application.

9

Vakalatnama

6 7

A & A/1

1—7 9—11

B

13 15—17 19—21 23—25 27 29

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