Sardar Muhammad Arrest)

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

Crl. Misc. No. _____________B/2002

1.

Sardar Muhammad alias Dara S/o Wali Muhammad

2.

Muhammad Nadeem alias Deema S/o Muhammad Ali Both Arain by caste, R/o Street No. 9, Kot Khadim Ali Shah, Tehsil & District Sahiwal. ……PETITIONERS

VERSUS The State.

……RESPONDENT

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

370/2001

Dated:

U/s:

302/452/148/149 P.P.C.

P.S.

Farid Town, Sahiwal.

22.11.2002

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 statement of one Ali Sher. He stated that he along-with his father (Balia), brother (Abdul Ghani) and one Phoophizad (Muhammad

Yousuf) was sleeping in his cattle shed, when at about 3:30 a.m. Israr alias Kala armed with gun 12 bore and Shahid alias Shada armed with 222 rifle, from the roof of the shed, while Abdul Sattar, Nadeem alias Deema and Abdul Jabbar alias Bhutto armed with sotas, Dara armed with hatchet all Arain by caste residents of Street No. 9, Kot Khadim Ali Shah along-with three unidentified persons emerged in the cattle shed after breaking the wall. Dara raised lalkara, while Abdul Sattar, Nadeem, Israr and Shahid caused injuries by their respective weapons on the person of Balia (father), while on the interference Dara inflicted injury on the head by hatchet and Israr inflicted injury by the butt of gun on the thigh of Abdul Ghani same like Abdul Jabbar injured Muhammad Yousuf. On the hue and cry and attraction of witnesses to the spot, the accused persons fled away with their respective weapons. Both the injured were removed to Civil Hospital, where the Balia succumbed to injuries. Hence, this F.I.R., which is Annex “A” and better copy is Annex “A/1”. 3.

That both the petitioners applied for pre-arrest bail, which was withdrawn on 1.1.2002. The petitioner applied for postarrest bail and the same was dismissed vide dated 3.8.2002. Copy of order is Annex “B”.

4.

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

That the petitioners are innocent and roped up in the instant case due to previous enmity and rivalry.

ii)

That the case was registered with the connivance of police and complainant party against the facts.

iii)

That during the investigation the complainant party could not point out and identification in respect of unidentified accused persons.

iv)

That during the investigation, Abdul Jabbar Bhutto, who was alleged to cause injuries with sota to an eyewitness, was declared innocent.

v)

That during the investigation, the version of the complainant could not stand upon its legs. The incident proved to be a free fight between the parties over the possession of plot.

vi)

That it was proved during the investigation that no weapon was used in the incident and brick pieces were used between the parties.

vii)

That during the investigation, nothing was recovered from the petitioners.

viii) That as per version of F.I.R., no specific injury is attributed to the petitioner No. 2. ix)

That as per version of the F.I.R. the petitioner No. 1 has not caused any injury upon the person of deceased Balia. The injury attributed to the Petitioner No. 1 is on the head of Abdul Ghani eye-witness which was declared as 337A(ii), having a punishment of five years. Copy of Medico-legal Certificate is Annex “C”.

x)

That in the present circumstances it is a case of further inquiry.

xi)

That the petitioners are behind the bars since their arrest. The investigation of the case is complete and person of petitioners are no more required by the police.

xii)

That the petitioners are previous non-convict. 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 Sardar Muhammad

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 3.8.2002.

B

5

Copy of Medico-legal Certificate.

C

6

Dispensation application.

7

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

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

C.M. No. ____________/2002 In Crl. Misc. No. _______B/2002 Sardar Muhammad

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 “

” 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: 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

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

C.M. No. ____________/2002 In Crl. Misc. No. 2743/B/2002 Sardar Muhammadetc.

Vs.

The State

APPLICATION FOR ADDITION OF OFFENCES Respectfully Sheweth: 1.

That initially the case against the applicants was registered U/s 302/452/148/149 P.P.C., but during the course of investigation, offences under sections 337-Aii/337-Aiii and 337-Lii were added by the police.

2.

That the applicants were sent to judicial lock-up under the same offences. At the time of filing the bail application, this fact was not in the knowledge of the applicants and the offences U/s 337-Aii/337-Aiii and 337-Lii P.P.C. could not be added inadvertently.

3.

That the lordship Mr. Justice Ch. Iftikhar Hussain allowed the bail to the applicants vide order dated 27.11.02. It is, therefore, respectfully prayed that the offences U/s 337-Aii/337-Aiii and 337-Lii P.P.C. may please be added in the order/read the part and parcel of the order dated 27.11.02. APPLICANTS,

Dated: __________ 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