Shafiq (bail)

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

Crl. Misc. No. _____________B/2002

1.

Shafiq

sons of Sardar Muhammad, caste Arain, R/o

Mauza 2.

Sagheer

Land of Ghulam Yasin, Tehsil & Distt.

Multan. ……PETITIONERS

VERSUS The State.

……RESPONDENT

POST-ARREST BAIL PETITION U/S 497/498 CR.P.C. In Case: F.I.R. No.

285/2002

Dated:

17.7.2002

U/s:

353/186/395/148, 149 P.P.C., 7 A.T.A. (337A1/337A2, 337L2/337F1, 412 P.P.C.) added

P.S.

Mumtazabad, Multan.

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 case was registered on the instance of 1993/HC (Muhammad Rafiq) stating thereby that at 5:30 P.M. he

along-with 824/C Khalid Mehmod equipped with 455 bore revolver on official motorcycle, after the information of occurrence reached at Head Dammri. In the meantime, 2490/C Muhammad Saleem, 2661/C Muhammad Tanveer, 2271/C Haq Nawaz from the Police Station reached at the spot also. The accused persons Muhammad Iqbal son of Ismaeel, Shahid Iqbal son of Iqbal Jillani, Arain by caste, Rab Nawaz son of Rafiq, Jatt by caste, residents of Mouza Araazi Ghulam Yasin, Sardar son of Ghulam Muhammad, Arain by caste, Muhammad Shafiq son of Sardar Muhammad, all armed with pistol 30 bore, Rafiq and Sagheer sons of Sardar Muhammad armed with sarya, Abdul Majeed son of Liaqat Ali, Tasawwar son of Abdul Hameed and Allah Ditta son of Iqbal armed with Sota, Shahid Iqbal son of Muhammad Iqbal armed with 12 bore gun, while Liaqat Ali, Muhammad Ashfaq, Murtaza and 6/7 unknown persons empty handed, resorted the attack upon police party. Muhammad Shafiq, Muhammad Rafiq, Tasawar, Abdul Hameed and Allah Ditta injured the complainant with their respective weapons, Liaqat and Sagheer injured the Khalid Mehmood, Shahid Iqbal, Tasawwar and Sagheer injured the Muhammad Saleem. Shafiq snatched the revolver with cover and belt while Sagheer took away the wrist watch and 500 rupees from the complainant, Shahid Iqbal snatched the revolver and Allah Ditta took away the purse containing Rs. 1500/- of Khalid Mehmood and Sagheer snatched the belt of Muhammad Saleem. In the meantime, the witnesses Muhammad Aslam & Haqnawaz attracted to the spot while the accused persons fled away with their respective weapons, hence, this F.I.R. Copy of F.I.R. and better copy are attached as Annex “A & A/1”. 3.

That the petitioners applied for their post-arrest bail, which was dismissed vide order dated 2.10.2002. Copy of order is Annex “B”.

4.

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

That this F.I.R. is based upon a concocted story and the petitioners are roped up in this case falsely under the ulterior motive and malafide intention.

ii)

That the occurrence whatsoever as narrated in the F.I.R. never happened. Actually, all the police officials came at the spot for the favour of other party with the intention to take illegal possession from the Iqbal etc., nominated as accused in the F.I.R., which caused annoyance to the public officials and the petitioners with their another brother Rafiq and their father Sardar are nominated. The petitioners, their father and brother only played a role to cool down the parties and nothing more.

iii)

That it is prima facie established on the record that the F.I.R. is lodged with the connivance of other party. The complainant was not familiar with the accused persons. It is a surprising fact that the complainant lodged the F.I.R. not only stating the names of accused persons but with the correct parentage, caste and residential address. This depicts the partial behaviour of the complainant towards the accused persons.

iv)

That the case of the prosecution could not be believed because during the investigation some of the accused persons

were

declared

innocent.

In

these

circumstances, it is a case of further inquiry and falls within the purview of Sec-497(2) of Cr.P.C. v)

That nothing was recovered from the petitioners, but the same was planted upon the petitioners.

vi)

That the ingredients of sections 395, 353 and 186 P.P.C. are not attracted as per contents of F.I.R.

vii)

That the petitioners are behind the bar since their arrest and further detention of the petitioner will not serve any useful purpose.

viii) That the commencement of trial is not insight and petitioners cannot be detained for indefinite period. ix)

That the offences under sections 353 & 186 P.P.C. having a very lesser punishment.

x)

That the investigation of the case is complete and the persons of the petitioners are no more required for further investigation.

xi)

That the petitioners neither having any record nor previous convicts. In view of the above submissions, it is respectfully prayed that this petition may please be accepted and the petitioners may graciously be blessed with the concession of post-arrest bail till the final decision of the case. Any other relief which this Hon’ble Court deems fit, may please be granted in the interest of justice. Humble Petitioners,

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 in this August Court. 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

Shafiq etc.

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 2.10.2002.

5

Power of attorney.

A & A/1 B

PETITIONERS, 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