IN THE COURT
OF LAHORE HIGH COURT LAHORE.
Shahid Junaid
son of Sufi Junaid Caste Kashmiri resident Street no
11 Galla ghulam Muhammad Thaikay Daar Wala
Bakhtay Wala Gujranwala.
Petitioner
Versus
1. Atif Alias Atee
2. The State
Respondents
Case no: 36 / 08 Dt:
31-01-10.
police station: Sabzi Mandi Gujranwala.
Offence:
452/324/148/149.p.p.c
APPLICATION
UNDER SECTION 497 ( 5 ) CR.P.C FOR THE CANCELLATION OF
BAIL OF THE RESPONDENT NO 1 .
May
it please your honour,
1.
That abridgely
the facts giving rise in the instant petition are that the petitioner is a law
abiding citizen of Pakistan and has a very good antecedents in his credit.
2.
That
on 31-01-10 the above said F.I.R. was lodged against the culprits who forcibly
entered in the abode of the petitioner and injured his real brother Muhammd Saleem F.I.R. and its
better copy is annexed with this petition as ANNEX-A & A.1.
3.
That due to the firing of the accused
/Respondents the brother of the petitioner Namely Muhammad Saleem
seriously injured and he sustained 10 firearms from the hands of the accused
persons/respondents.
4.
That the above said F.I.R was lodged
against the respondents and the respondent No 1 was also arrested in the above
titled case and his bail after after arrest was
dismissed by the learned session judge, and the respondent No 1 after that
filed a bail petition before the Honourable Lahore High Court Lahore , which
was entrusted to the Honourable Mr. Justice Syed Mazahir Ali Akbar Naqvi judge Lahoare high court Lahore and the Honourable court pleased
to announced the order for the grant of bail to the accused / Respondent No 1
on 01-07-10. order
of the Honourable Judge is annexed as ANNEX-B.
5.
That after the bail of the accused/
Respondent No 1 from the jail he again began to threat the petitioner and his
other family members and the petitioner seeks his cancellation of bail on the
following grounds,
GROUNDS
·
That the respondent No 1 is a desperate
and hardened criminal and remained involved in many criminal activities like dacoity etc. copy of fresh F.I.R. is annexed with this
application as ANNEX- C.
·
That the above said F.I.R lodged after
the releas of the accused /respondent No 1 from the jail ,
which shows his criminal mentality.
·
That the accused / respondent No 1 is also threatening the petitioner and his family members
for the withdrawl of the above said main case.
·
That the accused / respondent is also
threatening the witnesses of the case , while the
witnesses are also very much afraid towards the act of the respondent No 1 .
·
That the accused / respondent
No 1 is also not appearing in the learned trial court on each and every
date of hearing so the learned court is unable to proceed further in this
case until or unless the accused /
respondent No 1 would not be declared proclaimed offender.
PRAYER
Under these circumstances its most humbly and respectfully prayed that
due to the conduct of the accused /
respondent No1 , the bail already granted to the accused may kindly be recalled
in the interested of justice and fair trial of this case.