IN THE LAHORE HIGH COURT, LAHORE

 

 

 

 

 

 

B.A No.___________/2012

Muhammad Bilal son of Muhammad Bashir, Caste Dindar, R/o Qabrastan Road, Mohala Mirza Colony, Shaheen Abad, Gujaranwala.

                                                                      Petitioner

Versus

1.           The State

2.           Milak Zulfiqar Ali son of Muhammad Nazir, Caste Malik, R/o Mohala Mujahid Pura, 91/C Block , Shaheen Abad, Gujaranwala.

                                                                  Respondents

                                         * * *

        Case FIR No.             :       777/11

        Dated                        :       26-11-2011

        Offence U/S              :       406 PPC

        Police Station            :       Dhullay, Gujaranwala.

PETITION UNDER SECTION 498 CR.P.C. FOR THE GRANT OF PRE-ARREST BAIL.

 

Respectfully Sheweth:-

1.           That an FIR No. 777/11 was lodged at Police Station, Dhullay, Gujranawala against the petitioner. Facts briefly mentioned in the FIR are that Malik Nadeem complainant lodged an FIR alleging that accused Naveed had obtained his vehicle on rent and agreed to pay rent installment but he violated the terms of the agreement and misappropriated his amount. A case u/s 406 PPC was registered against the accused / petitioner. Copy of the FIR is annexed herewith as Annexure A.

2.           That previously pre-arrest bail of the petitioner has been rejected dated 23-01-2012 by Court of Jazeela Aslam,  Addl. Session Judge, Gujranwala while rejecting the bail learned court has not appreciated law and facts. Copy of the said order is attached as Annexure-B. 

3.           That the whole story narrated in FIR is false and fabricated, therefore, the petitioner is seeking   pre-arrest bail on the following amongst other;

GROUNDS

a)           That the present petitioner is innocent and law-abiding citizen and whole story narrated in FIR is false and fabricated which is made out only to blackmail and pressurize the petitioner.

b)           That there is a vast and unexplained, inordinate delay of lodging the FIR which shows the malafide of the complainant.

c)            That the petitioner is totally innocent having no nexus with the alleged story. The prosecution story is after thought, concocted one, self made with consultation to implicate the petitioner in this false case, even otherwise no occurrence as alleged in the FIR is ever taken place.

d)           That the local police under the influence of the complainant lodged the FIR with malafide intention and with ulterior motives.

e)            That no prima-facie case is made out against the petitioner.

f)             That petitioner is previously non-convicted and all offence mentioned in FIR is not attracted.

g)           That the alleged offence against the petitioner does not fall under the prohibitory clauses of section 497.Cr.P.C.

h)           That the petitioner being law-abiding citizen cannot think to involve himself in such like offence.

i)             That present petitioner is ready to join the investigation as and when required.

j)             That the present petitioner is ready to furnish surety to the entire satisfaction of this Honourable Court.

k)           That there is imminent danger of the arrest of the present petitioner only to humiliate them in society.

l)             That there is no chance of tempering with the prosecution witnesses or abscondance of the petitioner.

m)         That petitioner craves to urge any other additional ground at the relevant time.           

PRAYER

It is therefore, most respectfully prayed that under the facts and circumstances mentioned above that the petitioner may very kindly be granted to bail till the final decision of this case.

It is further prayed that the petitioner may also be admitted to ad-interim pre-arrest bail during the pendency of the instant petition.            

 

                      Petitioner

Through:-

 

                                                                                     

 

Muhammad Nisar Malik

Advocate High Court

Session Courts Lahore

C.C No. PLH-00000

Dated: 30-01-2012

CERTIFICATE:

As per instructions, that this is first Bail Petition on the subject titled before this Hon’ble court.

 

 

 

                  Counsel


IN THE LAHORE HIGH COURT, LAHORE

 

                                           

Crl. Petition No. _________/2012

Muhammad Bilal      Vs.      The State etc.

(Pre-Arrest Bail Application)

AFFIDAVIT

of Muhammad Bilal son of Muhammad Bashir, Caste Dindar, R/o Qabrastan Road, Mohala Mirza Colony, Shaheen Abad, Gujaranwala.

I, the above named deponent do hereby solemnly affirm and declare as under: -

That contents of the accompanying Bail Application are true to the best of my knowledge and belief and be read as integral part of this affidavit.        

 

                                                                   Deponent

VERIFICATION

Verified on Oath at Lahore this 30th day of January 2012 that the contents of the above affidavit are true and correct to the best of my knowledge, information and belief.

 

                                                                        Deponent


IN THE LAHORE HIGH COURT, LAHORE

 

 

 

 

 

Cr. Misc No.___________/B/2012

 

Muhammad Bilal     Vs.    The State etc.

(Pre-Arrest Bail Application)

 

APPLICATION U/S 561-A Cr.PC FOR DISPENSATION OF UNCERTIFIED DOCUMENTS.

 

 

Respectfully Sheweth:-

 

That the petition has filed the accompanying bail petition without the certified copies of certain annexure and undertakes to furnish the same as and when made available.

It is therefore, respectfully prayed that the production of certified copies of certain annexure may kindly be dispensed with for the time being.

 

   

       Petitioner

       

Through:-

 

                                                                                                                                                                                Counsel

Dated: 30-01-2012


IN THE LAHORE HIGH COURT, LAHORE

 

 

 

 

Cr. Misc No.___________/B/2012

Muhammad Bilal    Vs.    The State etc.

(Pre-Arrest Bail Application)

                                               

APPLICATION UNDER SECTIO 561-A Cr.P.C FOR GRANT OF INTERIM RELIEF

 

AFFIDAVIT

of Muhammad Bilal son of Muhammad Bashir, Caste Dindar, R/o Qabrastan Road, Mohala Mirza Colony, Shaheen Abad, Gujaranwala.

 

I, the above named deponent do hereby solemnly affirm and declare as under:-

 

That contents of the accompanying Application are true to the best of my knowledge and belief and be read as integral part of this affidavit.

 

 

Deponent

 

VERIFICATION

Verified on Oath at Lahore this 30th day of January 2012 that the contents of the above affidavit are true and correct to the best of my knowledge, information and belief.

 

 

 

 

                                                          Deponent


IN THE LAHORE HIGH COURT, LAHORE

 

 

 

 

Cr. Misc No.___________/B/2012

Muhammad Bilal      Vs.       The State etc.  

(PRE-ARREST BAIL.)

 

I N D E X

 

Sr.#

Description

Annex

Date

Page #

1.        

Petition and Affidavit

 

30-01-12

01-05

2.        

Copy of FIR

A

26-11-11

06

3.        

Copy of Bail Petition before ASJ

 

24-12-11

07-08

4.        

Copy ASJ Order

B

23-01-23

09-10

5.        

Dispense Application & Affidavit

 

30-01-12

11-12

6.        

Power of Attorney

 

 

 

 

 

 

PETITIONER

  

        Through:-

 

 

 

Muhammad Nisar Malik

Advocate High Court

Session Courts Lahore

C.C No. PLH-00000

 Dated: 21-01-2012