Pre-arrest Bail Protective)

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

Crl. Misc. No. ____________B/2002

Malik Talib Hussain S/o Malik Sabir Hussain, caste Kakay Zai, R/o H. No. 595-F, Katra Rehman Shah, Koocha Chabak Sawara, I/s Rang Mahal, Lahore. ……Petitioner VERSUS The State.

……Respondent

Application for protective bail before arrest.

In Case: F.I.R. No.

260/90

Dated:

30.8.90

Offence U/s:

380/406 P.P.C.

P.S.

Malka Hans, District Pakpattan Sharif.

The applicant humbly submits as under: 1.

That the above stated case, on the statement of Syed Muhammad Naqvi S/o Syed Ali Haroon, R/o Sahiwal was registered on 3.8.90 stating therein that the complainant leased out his Oil Mills situated at Pakpattan Road, to the applicants vide Iqrar Nama dated 10.5.90 on the following terms: -

i)

That period of lease will be five years, but lessee shall be at liberty to finish the lease before lapse of the period.

ii)

That advance money as security Rs. 500,000/- was paid to the complainant, shall be returnable.

iii)

That Rs. 40,000/- shall be the yearly rent of the Oil Mills, which was paid in advance for the first year.

iv)

That applicants party shall be at liberty to give the factory on lease to any other person of their choice and the complainant shall have no objection to it.

v)

That in case the complainant fails to return Rs. 500,000/- security amount, the factory shall be deemed as sold for total amount of Rs. 800,000/against which Rs. 500,000/- security amount shall be deemed as advance money and applicants shall be entitled to get a registered sale deed on payment of the remaining Rs. 300,000/-.

vi)

That in case the Oil Mills is undergoing a loan that will be paid by the complainant.

vii)

That electric connection was disconnected at the time of lease. The complainant took the responsibility to get the same restored within two months. Photocopy of Lease Deed is Annex “B”.

It was alleged in the F.I.R. that applicants took away some machinery from the factory and on coming to know, complainant alongwith Muhammad Saleem S/o Ch. Taj Din and Mehfooz Ali Khan Rajpoot reached the spot, where the factory was locked, but peeping from the outer wall, it could not be investigated as to what machinery was taken away. Copy of F.I.R. is Annex “A”.

2.

That the complainant after the execution of lease deed failed to get the electric connection restored and as such the applicants could not start their business.

3.

That compelled by the circumstances, Talib Hussain applicant No. 1 on 24.6.90 sold out his half share of lease to one Javed Hussain resident of Lahore and received Rs. 250,000/- the half security amount already paid and Rs. 20,000/- the half first year lease money from him. The half security amount was then to be paid back by the complainant to the said Javed. Possession of the half share of the Mills was handed over to Javed on 24.6.90.

4.

That thereafter, two months and six days after the execution of the said lease deed in favour of Javed, complainant got the case registered against the applicants.

5.

That on arising of some differences between the parties, the applicant No. 1 also got the case registered No. 275/90, offence U/s 365 P.P.C. P.S. Nolukha, District Lahore.

6.

That during this litigation, a comprise was affected between the parties and a compromise deed was written on 8.12.90 wherein it was agreed that the complainant shall withdraw the case No. 260/90 P.S. Malka Hans and applicant shall also withdraw the case No. 275/90 P.S. Nolukha and both the parties shall no more pursue the cases. It was further agreed that Malik Muhammad Asif shall be the sole arbitraror of the parties who would decide the difference between the parties and his decision shall be binding upon both the parties.

7.

That this compromise agreement was acted upon by both the parties and non of the parties did ever pursue the cases thereafter. Consequently the cases were filed. But the complainant did never appear and placed his case before said Muhammad Asif arbitrator and the matter ended. However, police of P.S. Malka Hans on 29.7.2001 submitted Challan of the case No. 260/90 wherein applicant Talib Hussain was

declared innocent and as such his name was entered in Khana No. 2 of the Challan. 8.

That the applicant No. 1 is undergoing a civil litigation with Fozia Gulzar Vs. Talib Hussain pending in the court of Ch. Muhammad Azam Civil Judge, Lahore.

9.

That in order to pressurize the applicant No. 1 she contracted Syed Muhammad Naqvi the complainant again after ten years and the above-captioned case was persuaded. However, in investigation, police Malka Hans submitted a Challan in the court of Mr. Salim Iqbal, Civil Judge, M.I.C. Sec-30, Pakpattan, wherein the applicant’s name was entered in Khana No. 2, declared him as innocent.

10.

That the complainant again got the investigation transferred to P.S. City Pakpattan and police city Pakpattan without recording any evidence against the applicant, is out to arrest him.

11.

That the applicant submitted an application for bail before arrest in the Court of Mr. Faiz Talib, Sessions Judge, Pakpattan Sharif, who allowed interim bail to the applicant till 16.7.2002, but the police P.S. City Pakpattan inspite of this interim bail wanted to arrest the applicant No. 1. The applicant No. 1 on 10.7.2002 made a verbal complaint to the Ilaqa Magistrate about the high handedness of police city Pakpattan who vide his order dated 10.7.2002 directed S.H.O. to honour the interim bail and not to arrest the applicant till the date and to strictly act in accordance with law.

12.

That inspite of this order, police city Pakpattan with a number of policemen was out to arrest the applicant and for that purpose the police officer along with many constables were present in the way to Sessions Court, Pakpattan and did not allow the applicant to attend the court and wanted to arrest him out of the court before his appearance in the court.

13.

That the applicant being afraid of this situation, fled away and failed to appear in the Sessions Court and came to Multan seeking protective bail from the Hon’ble High Court.

14.

That the applicant No. 1 also filed a W.P. No. 1391/2002 titled as “Talib Hussain Vs. S.H.O. Malka Hans” which was fixed before his lordship Mr. Muhammad Khalid Alvi, J, who passed an order calling upon S.H.O. P.S. Malka Hans to submit comments. S.H.O. Malka Hans on 5.7.2002, submitted his comments conceding that applicant has been declared as innocent.

15.

That applicant is innocent. As per the original lease agreement, sold out his share of the lease to one Javed on 24.6.90 two months and six days prior to the alleged occurrence and as such the question of stealing machinery does not arise at all. It is malafide on the part of the complainant and also on the part of police P.S. City Pakpattan to arrest the applicant without recording any incriminating evidence against him except the bare statement of the complainant.

16.

That the applicant alongwith some respeactables of the locality appeared before S.H.O. City Pakpattan who recorded the statement of the parties and one P.W. Muhammad Saleem who is witness named in F.I.R. The said Muhammad Saleem has stated before the S.H.O. that no occurrence of theft has ever taken place.

17.

That the same day during the investigation, the complainant offered that if the applicant give on oath on Quran Sharif that he has committed no offence, the complainant would not pursue the case any more. And for this purpose police has fixed a date and time as 19.7.2002 and on that date, the applicant is bound to take oath, but inspite of all these facts, police again wanted to arrest the applicant and harassing him

by raiding his house and by their presence before the Court of Sessions Judge, Pakpattan Sharif. Wherefore, it is respectfully prayed that the application be allowed and protective bail before arrest for at least two weeks be allowed to the applicant to approach the Court of learned Sessions Judge, Pakpattan Sharif and meanwhile the applicant shall prove his innocence before the police concerned. Affidavit is attached herewith. Humble Applicant, Dated: _______

Through: Zafar Iqbal Khan, Advocate High Court, 124-District Courts, Multan. Certificate: As per instructions of the client, this is first protective bail before arrest being filed before this Hon’ble Court.

No such

application has earlier been filed. Advocate

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

Crl. Misc. No. ____________B/2002 Malik Talib Hussain

Vs.

The State

Application for pre-arrest bail (protective)

AFFIDAVIT of: Malik Talib Hussain S/o Malik Sabir Hussain, caste Kakay Zai, R/o H. No. 595-F, Katra Rehman Shah, Koocha Chabak Sawara, I/s Rang Mahal, Lahore. I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned application are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT

Verification: Verified on oath at Multan, this _____ day of July 2002 that the contents of this affidavit are true & correct to the best of my knowledge and belief.

DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. ____________/2002 In Crl. Misc. No. ______B/2002 Malik Talib Hussain

Vs.

The State

APPLICATION FOR DISPENSING WITH THE FILING OF CERTIFIED COPIES OF ANNEXURES. ========================================= Respectfully Sheweth: 1. That the above-titled application is being filed before this Hon’ble Court, the contents of which should be considered as part & parcel of the main petition. 2. That certified copies of Annexes “A to E” are not readily 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 documents. APPLICANT, Dated: __________ Through: Zafar Iqbal Khan, Advocate High Court, 124-District Courts, Multan.

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. ____________/2002 In Crl. Misc. No. ______B/2002 Malik Talib Hussain

Vs.

The State

DISPENSATION APPLICATION

AFFIDAVIT of: Malik Talib Hussain S/o Malik Sabir Hussain, caste Kakay Zai, R/o H. No. 595-F, Katra Rehman Shah, Koocha Chabak Sawara, I/s Rang Mahal, Lahore.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-titled application are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT

Verification: Verified on oath at Multan, this _____ day of July 2002 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

Crl. Misc. No. ____________B/2002 Malik Talib Hussain

Vs.

The State

INDEX S. No. DESCRIPTION OF DOCUMENTS ANNEXES PAGES 1

Urgent Form

2

Bail Petition.

3

Affidavit

4

Copy of F.I.R. dated 300.8.90.

A

8

5

Copy of lease deed between the parties dated 10.5.90. Copy of further lease deed dated 24.6.90 between Malik Talib & Malik Javed. Copy of compromise deed dated 8.12.90 between the parties. Copy of Challan dated 29.10.01

B

9

C

10

D

12

E

13

F

14

6 7 8 9 10

Certified copy of Order of M.I.C. Pakpattan dated 10.7.02 Dispensation Application.

11

Affidavit.

16

12

Power of attorney.

17 PETITIONER,

Dated: __________

Through: Zafar Iqbal Khan, Advocate High Court, 124-District Courts, Multan.

15