IN THE COURT OF SESSION JUDGE, LAHORE.
CRL.
MISC.NO.___________B/15.
HADAYAT ALI S/o MUHAMMAD
ALI, R/O New Gala Mandi Ward No.24, Lodhran.
.......Petitioner
VERSUS
· The State
· The Zonal
Director Pakistan Telecommunication authority (PTA).
.Respondents
|
CASE FIR NO: |
67/15,
DATED: 21.05.2015 |
|
OFFENCE U/SS: |
36, 37-ETO -
2002/31(1)PT (RO) Act-1996 r/w 420,109-PPC. |
|
POLICE
STATION: |
FIA/CCC. |
|
DISTRICT |
Lahore. |
PETITION U/S 498
Cr.P.C. FOR THE GRANT OF PRE ARREST BAIL
HUMBLY SHEWETH:-
1. That petitioner is implicated in above said case by FIA with the allegation
that The Zonal Director Pakistan Telecommunication authority PTA lodged a
complaint wide letter No.PTA.LH/F.17-15/353 dated 08.05.2015 that broadband
connection installed on telephone No.0608-361166 installed in the name of
Muhammad Irfan S/o Muhammad Ramzan alias Kala Khan R/o Street No.1, near Chatha
House, behind Civil Hospital, Mohallah Usman Abad near Old DHQ Hospital,
Lodhran is involved in illegal voice termination and causing huge loss to the
Government exchequer. The Additional Director NR3C FIA Lahore, ordered to
conduct a raid. A team under the supervision of undersigned (Fakhar Abbas
sub-inspector), Rana Obaid Ullah, Senior investigator/ technical expert, Imran
Maqsoor ASI, Shahzad Aslam Sandhu FC and Haseeb Ullah FC was constituted. The
representative of PTA, Muhammad Iftikhar, Assistant
Engineer accompanied with the FIA raiding team. The raiding team reached at the
suspected premises i.e. Street No.1, near Chatha House, behind Civil Hospital,
Mohallah Usman Abad near Old DHQ Hospital, Lodhran. The team knocked the door.
One person namely Muhammad Irfan S/O Muhammad Ramzan R/O Chak No.99/M, PO Adam
Wahn, Tehsil & District Lodhran came out, the raiding team got themselves
introduced to him and conducted search of the house. One more person was
present in the house who was later on identified as Muhammad Saeed S/O Khan
Allah Bakhsh R/O Road Multan, Basti Mehrywala, Moaza Rajapur, District Lodhran.
During search, a setup of 03 illegal gateways exchanges (3x16 ports) alongwith
other digital media was recovered in operational condition. The technical
expert of NR3C FIA dismantled the illegal gate way exchange setup and other
digital media which was taken into possession by FIA through Seizure Memo.
During, on spot interrogation, the accused Muhammad Saeed disclosed that he and
another person namely Mian Azher Iqbal R/O Lodhran (currently residing in
Dubai) owned this illegal gateway exchanges setup which they got installed
through one Mehr Asgher S/O Afzal (Traffic Warden), District Multan who also
provided technical support for running the setup. They installed the setup at
the resident of Muhammad Irfan by installing internet connection in his name.
SIMs of different cellular networks for running illegal gateway exchanges were also provided to them by Mehr Asgher. Now, he and
Muhammad Irfan were running the illegal gateway exchanges setup with the
connivance of Mian Asgher and Mehr Asgher since last 2 months. The role of
other accomplices (if any) will be determined during the course of
investigations. For further details copy of FIR is attached herewith as Annexure.......
A.
2. That the petitioner now seeks the kind indulgence of this Honourable Court
for the grant of post arrest bail inter-alia on the following.
G R O U N D S :
1. That the petitioner is not dominated in FIR.
2. That the petitioner is involved in the above titled case only due to the
extra judicial confession of co-accused and malafide intention such extra
judicial statement of co-accused for no weight in eyes of law.
3. That petitioner is totally innocent in this case and has no previous
criminal record at all.
4. That the petitioner is involved in above mentioned case with the malafide
intention of FIA as well as of complainant.
5. That there is no independent witness was associated with the recovery
proceedings so Sec. 103 Cr.P.C. is violated during recovery proceedings.
6. That alleged broad band connection of PTCL Telephone No. 0608-361166 was
not installed in the name of the present petitioner but was installed in the
name of one Muhammad Irfan S/o Muhammad Ramzan alias Kala Khan R/o Street No.1,
near Chatha House, who has no concern with the present petitioner; this fact
also casts serious doubts upon prosecution case.
7. That petitioner has no nexus with the alleged occurrence having no previous
record of such like cases.
8. That the present petitioner was not present at the place of occurrence but
involved on the statement of Muhammad Saeed .
9. That the petitioner is innocent citizen of Pakistan having no criminal
record at all.
10.
That alleged
recovery is faked and planted one and it is worth mentioning that the
petitioner has no concern with the alleged offences.
11.
That all the facts and circumstances stated
above makes case of the petitioner one of further inquiry.
12.
That there is no
apprehension of the petitioner tempering with the evidence.
13.
That the
petitioner is ready to submit surety bond to the entire satisfaction of this
Honourable Court.
It is, therefore, respectfully
prayed that this petition may kindly be accepted and the petitioner may
graciously be allowed pre arrest bail till the final decision of the case.
It is futher prayed that ad-interim
pre-arrest bail may kindly also be granted to the petitioner till the final
decision of instant petition .
Petitioner
Through
(MUDABER HUSSAIN QURESHI)
Advocate High Court
C.C.No.P-LH-00000
Office 4th Floor Jain
Mandir Stop,
Lahore.
NOTE:
As per instructions, this is 1st bail petition on behalf of the
petitioner before this honourable court.
Advocate
IN THE COURT OF SESSION JUDGE, LAHORE.
CRL.
MISC.NO.___________B/15.
HADAYAT ALI Vs The State etc.
PETITION U/S 498 Cr.P.C.
Affidavit of HADAYAT ALI S/o MUHAMMAD ALI, R/O New Gala Mandi Ward No.24, Lodhran.
I, the above
named deponent do hereby solemnly affirm and declare as under:-
·
That the contents of the accompanying
petition may kindly be considered and read as an integral part of this
affidavit.
·
That the contents of the affidavit
are true and correct to the best of my knowledge and belief.
DEPONENT
VERIFICATION:-
Verified on oath at this 10th day of June 2015, at Lahore
that contents of the affidavit are true and correct to the best of my knowledge
and belief and nothing has been concealed thereof.
Deponent