Zahid (bail)

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

Crl. Misc. No. _____________B/2002 Zahid Mehmood S/o Basheer-ul-Haq, caste Sangi, R/o H. No. 5/E, Opposite Police Station Lohari Gate, Multan. ……PETITIONER

VERSUS The State.

……RESPONDENT BAIL PETITION U/S 497/498 CR.P.C.

In Case: F.I.R. No. U/s: P.S.

87/2002 Dated: 3/4, 4/79 P.O. Lohari Gate, Multan.

6.5.2002

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 allegation against the petitioner is that on the pointation of the petitioner, police recovered three crates of liquor from his drawing room (Baithak). In one crate, there were 70 bottles (Kuppies) and the remaining two crates contained 25 bottles (Kuppies) each. Copy of F.I.R. is attached as Annex “A”, whereas better copy is Annex “A/1”.

3.

That the petitioner was sent to judicial lock up on the next day. The petitioner filed a bail petition for the grant of postarrest bail in the Court of Judicial Magistrate, which was disagreed vide order dated 27.6.02. Copy of the order is Annex “B”.

4.

That the petitioner filed a petition before the learned Sessions Judge with the same request. This petition was entrusted for further hearing to the Court of Mr. Javaid Mahmood Sindhu, the learned Additional Sessions Judge, Multan; and the petition was dismissed vide order dated 19.7.02. Copy of the order is Annex “C”.

5.

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

That orders of both the courts below are against the law and facts of the case.

ii)

That both the learned courts miserably failed to assess the material required for the insertion of Article 3 of Prohibition Ordinance IV of 1979 in the F.I.R.

iii)

That there is no evidence available in respect of Article-3 on the file and insertion of the same in the F.I.R. is nothing but a mockery of law.

iv)

That the ulterior motive and malafide of police is fully transpired from the narration of the F.I.R., because simultaneously the police tried to involve the other two brothers of the petitioner as well.

v)

That it was plea of the petitioner that the required material is neither liquor nor it is a kind of liquor.

vi)

That it was a kind of mild siprit which is used by the doctors to intermix the medicines.

vii)

That the plea of the petitioner was fortified by the result of Chemical Examiner.

viii) That Article 4 of the Prohibition Ordinance IV of 1979 having the punishment of 2 years is a bailable one.

ix)

That the petitioner is innocent and case against the petitioner is a case of further inquiry.

x)

That the petitioner is behind the bar since the date of arrest and the further detention of the petitioner could not serve a useful purpose, even it will be a punishment in advance.

xi)

That the investigation of the case is complete and the person of the petitioner is no more required for further investigation.

xii)

That the petitioner is neither a previous convict nor having previous record. In view of the above submissions, it is respectfully prayed that the petition in hand 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 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 Zahid Mahmood

Vs

The State

INDEX S. No. DESCRIPTION OF DOCUMENTS ANNEXES PAGES 1

Urgent Form

2

Bail Petition.

3

Copy of F.I.R. alongwith better copy.

4

Copy of order dated 27.6.2002

B

5

Copy of order dated 19.7.2002

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.

In re: C.M. No. ____________/2002 In Crl. Misc. No. _______B/2002 Zahid Mahmood

Vs

The State

APPLICATION FOR DISPENSING WITH THE FILING OF CERTIFIED COPY OF THE ANNEX. ======================================== 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 copy of Annex “A” is not readily available. However, uncertified/photo state copy of the same has been annexed with the petition, which is the true copy of the original document. It is, therefore, respectfully prayed that this Hon’ble court may please dispense with the filing of aforesaid copy of the document. 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