Bail Application After Arrest

 

IN  THE COURT OF XIITH  J.M.    (C)     AT   KARACHI.

 

Crl Case No.                          / 2015.

Crl. Bail Application  NO.                 / 2015.

 

State…………………………Versus…………….……………Shahid Hussain

S/o. Ghulam Mendhi.  

                                                                       

                      .

F.I.R. NO. 93 / 2015.

P.S.  Sir Syed District    Central. 

Karachi.

                              U/S. 392 P.P.C.

                             

 

 

APPLICATION  UNDER SECTION 497 Cr. P.C. 

 

            It is respectfully prayed on behalf of applicant / accused above-named that this Hon’ble Court may be pleased to grant him bail pending final disposal of his case on amongs others the following facts and grounds:-

FACTS.

            Brief facts of the prosecution’s case are as mentioned in the F.I.R. That in nutshell instant captioned F.I.R. was lodged for offence under section 392 P.P.C. on the basis of verbal statement of complainant Muhammad Waqas Iqbal S/o. Muhammad Iqbal,  that on: 23-04-2015,  at 21 30 hour night I reached at Bank Al-Falah Sector –B, North Karachi, Karachi, for the purpose of withdrawing amount from A.T.M. two unkown persons at motor cycle wearing Shalwar Qameez showing pistol and snatched one thousand rupees, one mobile phones Nokia 107, from me.  In the mean while I have caught one accused and taken his weapon also, while the other accused escaped away. The accused whom I caught disclosed his name Shahid Hussain S/o. Ghulam Mendhi, mean while people at the placed who beaded accused and he got minor injury, and produced the weapon.   Action may be taken.

That the accused  was taken into custody and investigation / interrogation was made and he is remanded to Judicial Custody. Hence this bail application on the basis of following grounds:

G R O U N D S.

 

1. That the accused is innocent person and has been falsely implicated by the complainant in the above matter, without assigning any reason, only on the basis of suspicion.

 

 

(2)

2. That there is no private witness of alleged incident and cock and bull story is inordinate delay in itself creates a reasonable doubt to rope any person falsely, inasmuch as in the circumstances the possibility of false implication cannot be ruled-out.

 

3. That the accused is not been involved in such type of cases prior to the registration of FIR.

 

4. That the accused has been implicated due to malafide intention of complainant with connivance of Police who has roped him in this case. No such incident took place and the accused has been handover by the complainant and specially FIR clearly said that the weapon was also produced by the complainant to the police and there is numbers of people there but nobody come forward as independent witness.

 

5. That proper remand has been taken by the police from concern court the investigation has been conducted by the Investigation Officer but he fails to associate a single witnesses of the alleged incident and there is no accomplice of the present accused and there is no recovery effected from the possession of the accused also.

 

6. That according to the complainant in the FIR that he was withdrawn the amount from ATM meanwhile accused with co-accused committed offence as alleged, but the complainant also failed to produced documentary evidence for the withdrawal of amount from ATM / Place of incident in any manner. i.e.  (Slip of withdrawal of amount / Account number as well as ATM Card and no identification of one thousand).

 

7. That the police has interrogated / investigated the case and no recovery has been effected either from possession of accused or on his pointation. This case of no recovery and case of no evidence this alone ground is sufficient for grant of bail.

 

 

 

 

(3)

8. That there is no reasonable grounds to believe that accused has committed any offence as alleged and the offence with which he has been charged is not punishable with death imprisonment for life or even 10 years R.I. the guilt of accused requires further enquiry as envisaged under 497 (2) Cr. P.C. and the concession of  bail may be extended to the accused.

 

9. That there is no judicial confession or extra judicial confession of the applicant / accused, which could connect him in the commission of alleged offence. That accused is now remanded Judicial Custody and challan has been submitted and he is no more require for investigation or interrogation in above matter and he is entitled for concession of bail.

 

10. That the present accused was arrested without any rime, reason and evidence, and no role has been assigned or attributed against him, and the case of accused has not come with the purview of section 392 P.P.C. in any manner as there is no recovery of any rope article from him or his pointation.

 

11. That the prosecution story is highly doubtful and based on suspicious   elements which clearly indicate false implication of accused in the matter which is absolutely mockery of law. In view of this aspect of matter the matter the guild of accused needs further enquiry.

 

12. That he is not likely to abscond or temper with prosecution evidence and he is not a previous convict not a hardened or desperate criminal and he is ready to furnish solvent surety to the satisfaction of this Hon’ble Court.

 

13. That there are various other grounds which will be urged at the time of hearing of this bail application with the permission of the Hon’ble Court.

 

 

 

Karachi.                                                    ADVOCATE FOR APPLICANT.

Dated:          -06-2015.                                          / ACCUSED.

IN  THE COURT OF DISTRICT AND SESSION JUDGE      (C)     AT   KARACHI.

 

Crl Case No.                          / 20115.

Crl. Bail Application  NO.                 / 2015.

 

 

 

State…………………………Versus…………….……………Shahid Hussain

S/o. Ghulam Mendhi. 

                                                                       

                      .

F.I.R. NO. 94 / 2015.

P.S.  Sir Syed District    Central. 

Karachi.

                   U/S. 23(i)-A Sindh A. Ord.

 

 

APPLICATION  UNDER SECTION 497 Cr. P.C. 

 

            It is respectfully prayed on behalf of applicant / accused above-named that this Hon’ble Court may be pleased to grant him bail pending final disposal of his case on amongs others the following facts and grounds:-

 

FACTS.

 

            Brief facts of the prosecution’s case are as mentioned in the F.I.R.           No. 93 / 2014 main case of above accused whereas the recovered weapon  produced by the complainant before police registered separate FIR therefore the fact of main case as under:-  “That in nutshell instant captioned F.I.R. was lodged for offence under section 392 P.P.C. on the basis of verbal statement of complainant Muhammad Waqas Iqbal S/o. Muhammad Iqbal,  that on: 23-04-2015,  at 21 30 hour night I reached at Bank Al-Falah Sector –B, North Karachi, Karachi, for the purpose of withdrawing amount from A.T.M. two unkown persons at motor cycle wearing Shalwar Qameez showing pistol and snatched one thousand rupees, one mobile phones Nokia 107, from me.  In the mean while I have caught one accused and taken his weapon also, while the other accused escaped away. The accused whom I caught disclosed his name Shahid Hussain S/o. Ghulam Mendhi, mean while people at the placed who beaded accused and he got minor injury, and produced the weapon.   Action may be taken.

That the accused  was taken into custody and investigation / interrogation was made and he is remanded to Judicial Custody. Hence this bail application on the basis of following grounds:

(2)

 

G R O U N D S.

 

1. That the accused is absolutely innocent and he has been falsely implicated by the police into this case with a malafide intention in order to take revenge from the accused.

 

2. That there is no private witness of alleged incident and cock and bull story is inordinate delay in itself creates a reasonable doubt to rope any person falsely, inasmuch as in the circumstances the possibility of false implication cannot be ruled-out.

 

3. That the accused is not been involved in such type of cases prior to the registration of FIR.

 

4. That the accused has been implicated due to malafide intention of complainant with connivance of Police who has roped him in this case. No such incident took place and the accused has been handover by the complainant and specially FIR clearly said that the weapon was also produced by the complainant to the police and there is numbers of people there but nobody come forward as independent witness.

 

5. That proper remand has been taken by the police from concern court the investigation has been conducted by the Investigation Officer but he fails to associate a single witnesses of the alleged incident and there is no accomplice of the present accused and there is no recovery effected from the possession of the accused also.

 

6. That according to the complainant in the FIR that he was withdrawn the amount from ATM meanwhile accused with co-accused committed offence as alleged, but the complainant also failed to produced documentary evidence for the withdrawal of amount from ATM / Place of incident in any manner. i.e.  (Slip of withdrawal of amount / Account number as well as ATM Card and no identification of one thousand).

 

 

 

 

(3)

 

7. That the accused has not assigned any role and no overt act has been attributed, therefore, there was no justification of whatsoever for the arrest of the accused in this case, admittedly the weapon in question was produced by the complainant to the police.

 

8. That admittedly there is no mention the name of any private witness or witnesses in the F.I.R. who has witnesseth the  recovery which is  allegedly shown at the place of occurrence.

 

9. That the prosecution story as per contents of FIR appears, to be very unbelievable, doubtful and suspicious and false implication is not ruled out, therefore, matter requires further enquiry. That the facts and circumstances are such that there is scope of further  enquiry.

 

10. That nothing was recovered from the accused’s possession, the alleged recovery if any is false, bogus, in-violation to the rules, and the alleged recovery was foisted upon the accused.

 

11. That the alleged pistol neither sealed at the alleged place of incident, nor any report from expert is available on record and the alleged recovery is  highly doubtful.  

 

12. That the investigation agency for ulterior motives and reasons has fabricated a story in order to falsely implicate the accused into this case. Factually the applicant was not arrested from the spot as alleged. No body has seen the accused to have committed the alleged offence accept the complainant and it is also matter of record that when accused was produced before police he was seriously injured by the complainant.

 

13. That there is no evidence in possession of Prosecution directly or indirectly which could connect the accused  and allegations against the accused false and fabricated made by the  Police officials against the accused, therefore, benefit of doubt always extended in favour of accused at bail stage.

 

 

(4)

 

14. That the facts and circumstances are such that there-is scope of further enquiry as envisaged under section 497(2) Cr. P.C. and pending trial he is entitled to the concession of bail.

 

15. That mere arrest of accused unjustified at the face of it, in this case, keeping the accused in jail is not enough, to hold that the accused is guilty of alleged offence with which he is charged.

 

16. That it is well settled principle of criminal justice that the bail is not to be withheld as punishment and there is no legal or moral compulsion to keep the people in jail merely on the allegations against the accused with which he has been charged  and there is no reasonable grounds to believe that the accused has committed the alleged offence and matter requires further enquiry. 

 

 

17. That the accused is in jail and is not previous convict nor hardened & desperate criminal and is no more required for any investigation or interrogation.

                          

18. That the accused comes of a respectful family and is not likely to abscond or temper with the prosecution evidence or and is ready to furnish surety up-to the entire satisfaction of this Hon’ble Court.

                                                                                      

19. That there are various other grounds the same shall be urged at the time of hearing of this bail application with the permission of the Hon’ble Court.

 

 

 

 

Karachi.                                                    ADVOCATE FOR APPLICANT.

Dated:          -06-2015.                                          / ACCUSED.