Sabir Hussain (bail)

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

Crl. Misc. No. _____________B/2002

Sabir Hussain alias Sandha S/o Nabi Bakhsh, caste Dammar, R/o Kot Chutta, Tehsil & District Dera Ghazi Khan. ……PETITIONER

VERSUS The State.

……RESPONDENT

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

131/2002

Dated:

U/s:

16/10-7/79 Islamic Law.

P.S.

Kot Chutta, D.G. Khan.

3.5.2002

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 the instant case was registered on the complaint of one Ghulam Fareed. He stated that he is a labourer, having fours sons and six daughters, out of them the eldest daughter Nasreen Mai was married. The house and drawing room (

)

of one Akbar Pauvli is in front of his house and petitioner

with Raza Pauvli was visiting oftenly the house of Akbar. The petitioner developed illicit relations with her daughter Mst. Parveen aged 15/16 years; and on having knowledge, he stopped them to visit. 1½ months prior, when he was on job, other family members went to visit some relatives and Mst. Parveen Mai was alone at the home. When they all came back, they found said Mst. Parveen was missing. During the search of his daughter, he was informed by the witnesses that they had seen Mst. Perveen Mai in the company of petitioner, Raza and Akbar in a white vehicle. The complainant requested the return of his daughter, but the same was not acceded. Even they remained reluctant, hence, this case. Copy of F.I.R. and better copy are attached as Annex “A & A/1”. 3.

That the petitioner was with other two accused was arrested on 9.5.02 and sent to judicial lock up on 22.5.02. The petitioner applied for the grant of bail thrice. The first bail application was dismissed on 26.6.02, the second bail application was withdrawn on 23.9.02, while the third was rejected vide order dated 15.11.02. Certified copies are placed on record as Annexes “B, B/1 & B/2” respectively.

4.

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

That this case is false, based upon a concocted story and the petitioner was roped up due to ulterior motive and malafide of the complainant party.

ii)

That the petitioner became victim of personal enmity and election rivalry of the locality.

iii)

That there is an unexplained delay of 1½ month in the registration of the case.

iv)

That initially the case was registered U/s 16 of (EOH) Zina Ordinance and subsequently Sec-10 was added without having any cogent reason or evidence.

v)

That the alleged abductee was recovered from the possession of one Muhammad Aslam of Mianwali. Neither police encircled the said Muhammad Aslam in the course of investigation nor the case was properly investigated in this regard.

vi)

That it was proved during the course of investigation that the alleged abductee is a women of easy virtue and having illicit relations with so many people and she went on her own accord.

vii)

That the petitioner is a child aged 14 years 4 months and one day as per his School Leaving Certificate, in which his date of birth is mentioned as 8.1.1988. As per date of birth, the case of the petitioner falls within the preview of Juvenile Justice System Ordinance 2000 and Sec-7 of (EOH) Zina Ordinance, 1979 as well. Certificate is attached as Annex “C”.

viii) That the petitioner is previously non-convict and having no previous record at all. ix)

That the petitioner is behind the bar since his arrest i.e. 9.5.2002 and no useful purpose can be served with the further detention of the petitioner.

x)

That the case of petitioner needs further proving and falls within the preview of Sec-497(s) 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.

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 Sabir Hussain alias Sandha

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 26.6.02, 23.9.02 B, B/1 & B/2 & 15.11.02. Copy of certificate. C

6

Power of attorney.

A & A/1

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