APPLICATION U/S 497 Cr.P.C AT HIGH COURT
IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Bail App. No: /2015
Ch.
Zafar Iqbal S/O Muhammad Husain,
Muslim,
Adult, Presently confined
at
Central Jail Karachi. ……… ….
Applicant / Accused.
VERSUS
The
State ……
…………… Respondent.
FIR
No: 274/2015
U/S:
302/34 PPC
PS:
Aziz Bhatti
APPLICATION
U/S 497 Cr.P.C
Most humbly it prayed on
behalf of the above named applicant / accused that this honorable court may be
pleased to order for his release on bail in consideration of following facts
and grounds:
FACTS
Brief facts of the case are
that on 03-06-2015, SHO / S.I Muhammad Arshad had lodged FIR alleging there in
that “on 02-6-2015, at about 11:00 (am), S.H.O, Maqsood Raza, of P.S: Aziz
Bhatti, along with police party was busy in patrolling duty at place main
Dalmia road and during the time he had arrested suspects / accused (1) Muhammad
Waseem S/O Muhammad Yaseen (2) Naeem S/O Muhammad Yaseen (3) Muhammad Adil S/O
Muhammad Yaseen. Allegedly upon personal search one Pistol 9-MM, load Magazine
8 rounds live, bearing number: 00539208236 was
also recovered from the possession of suspect Muhammad Waseem and the
suspect Muhammad Waseem had informed to said S.H.O that the recovered pistol is
a licensed. Thereon, by arresting U/S 54 Cr.P.C, the said S.H.O had brought
them at police station. Where they all three were interrogated one by one.
Suspect Muhammad Waseem had disclosed during interrogation that he is involved
directly in Baldia Factory Case and he
can point out other accused persons in that case. Thereon the said SHO had
informed & called the investigation officer Insp. Choudhry Zafar Iqbal for further
investigation in the Baldia Factory Case i.e Case No: 343/2012 --- U/S: 302/322/436/337/34 PPC --- PS: Site.
Accused Muhammad Waseem also had informed to said S.H.O that he has no license
of recovered Pistol and he had wrongly stated that the allegedly recovered
pistol is licensed one. Thereon the said SHO had lodged FIR No: 273/2015, U/S
23(1) A. Thereafter Insp. Choudhry Zafar Iqbal along with police constables had
come on official mobile / van. He had
also interrogated accused Muhammad Waseem and by taking him into custody, he
along with police officials had gone to get pointation of other accused involved in case / crime No;
343/2012. Thereafter Insp. Zafar Iqbal informed that all of sudden, while they
were passing Sir Shah Suleman Road, the health condition of accused Muhammad
Waseem has become bad and I am going to Hospital for Medical Check-up of
accused Muhammad Waseem. After a time, Insp. Choudhry Zafar informed that he
was on the way and accused Muhammad Waseem has been expired. Judicial
Magistrate No: 06 East, Mr. Waseem Ahmed, conducted proceedings of 176 Cr.P.C
and MLO Dr. Ejaz declared through postmortem report No:465/2015
dated:03-06-2015 that accused Muhammad Waseem died due to hit of hard &
blunt article on head. It is found that accused Muhammad Waseem has been died
due to custodial torture by Insp. Choudhry Zafar and his accomplice constables
Muhammad Maqsood, Noman Javaid and Zameer Hussain. This act amounts to offence
u/s 302/34 PPC, hence the case is registered”.
During the course of
investigation all accused persons were arrested in this case and after usual
investigation the investigation officer had submitted the interim charge sheet.
In which the Investigation officer opined that two accused persons Insp. Zafar &
Constable Zameer Hussain are sent up for challan while other two accused
persons (1) Muhammad Maqsood (2) Noman Javaid, are sent up for release U/S
497(ii) Cr.P.C. Thereon the Honorable court of Judicial Magistrate No: 06 vide
order dated 07-July-2015 was pleased to decline the opinion of Investigation
Officer to release two accused persons U/S 497(ii) Cr.P.C and preferred to
take cognizance for trial upon all four
accused persons.
Thereafter the investigation
officer had submitted for enlargement of time for submission of Final Charge
Sheet / Challan and the two accused persons (1) Muhammad Maqsood (2) Noman
Javaid had preferred to file bail application vide No: 1697/2015. The bail application of said
accused persons had been enlarged vide order dated 23-07-2015 and the
Investigation officer had also submitted final charge sheet. The applicants/
accused was behind the bar, hence he had preferred to file bail application in
trial vide case No: 1579/2015, which has been declined vide order dated
23-9-2015, hence this application:
GROUNDS
1.
That the applicants / accused
is innocent and he has not committed any offence. Officer arrestor / S.H.O
Maqsood Raza, in order to save his skin, has made involved / entrap the
applicant / accused by fabricating false case / story.
2.
That the contents of FIR
& MLC states that the deceased was arrested by S.H.O Maqsood Raza, Decased
was interrogated by S.H.O Maqsood Raza,
S.H.O Maqsood Raza had obtained - If there was any disclosure by deceased, the
corpse was sent to hospital by S.H.O Maqsood Raza, the corpse was brought to
hospital by S.I Serfraz Ali. And also at
what time the alleged custody of deceased was handed over to applicant/
accused, is silent in FIR.
3.
That the story narrated in
FIR is concocted and after thought as memo of
arrest of deceased in the Baldia Factory Case i.e Case No: 343/2012 --- U/S:
302/322/436/337/34 PPC --- PS: Site, does not exist and any Roznamcha record
with signatures or handwriting of applicant / accused for taking custody from
the hands of complainant, is also not available on record. In these
circumstances, the question of taking away the custody of deceased by the
applicants/ accused from the hands of Aziz Bhatti Police, is sufficient to consider
& to prove that the innocent persons are made involved through fabrication
& manipulation of Roznamcha record of Aziz Bhatti police.
4.
That the facts (1) By whom
the corpse of deceased was sent to hospital (2) By whom the corpse of deceased
was brought at hospital and the question as to by whom the head injury is
caused which resulted to death of deceased, are not in conformity with the allegations
leveled in FIR & Medico legal certificate, which make it a case of further
inquiry.
5.
That
the elements i.e no specific role to any one of accused, no recovery of
incriminating article from personal possession or on pointation of any one of
accused, no independent & direct evidence to connect the applicants /
accused with alleged offence, F.I.R is delayed of 22 hours, create boubts that
the FIR is after a thought and the circumstances against the applicants /
accused are highly doubtful.
6.
That co-accused (1) Muhammad
Maqsood (2) Noman Javaid, who are on same footing like present applicants /
accused, have already been granted bail vide bail application No: 1697/2015.
7.
That
the applicant / accused never been involved in any criminal case. He is a government
servant. His whole service benefits, salary & graduaty is lying at
governments department. His family (Khandan) is settled in local limits of Karachi.
Hence, there is no chance of his absconsion. His character, antecedents,
associations and community ties are quite relevant to consider that the
applicant / accused cannot have intention to commit murder of any one.
8.
That
the final Challan has been submitted and the applicant/accused is no more
required for further investigation. Further detention of applicant/accused
would serve no useful purpose to prosecution also.
9.
That
the applicant/accused is ready to furnish solvent surety to the entire
satisfaction of this Hon’ble Court.
Farhan
Khaliq Anwer
Karachi. (Advocate
for Applicants/ Accused)
Dated:
IN THE HIGH
COURT OF SINDH AT KARACHI
Cr. Bail App. No: /2015
Ch.
Zafar Iqbal S/O Muhammad Husain,
Muslim,
Adult, Presently confined
at
Central Jail Karachi. ……… ….
Applicans / Accused.
VERSUS
The
State ……
…………… Respondent.
FIR
No: 274/2015
U/S:
302/34 PPC
PS:
Aziz Bhatti
CERTIFICATE
Certified
that no bail application has been filed by the same applicant or co-accused in
above FIR before this Honorable court or its circuit court and Bench. This is
first bail application of applicant / accused moved by me before this
Honorabl;e court.
Karachi. Advocate for Applicant / accused
Dated:
IN THE HIGH
COURT OF SINDH AT KARACHI
Cr. Bail App. No: /2015
Ch.
Zafar Iqbal S/O Muhammad Husain,
Muslim,
Adult, Presently confined
at
Central Jail Karachi. ……… ….
Applicans / Accused.
VERSUS
The
State ……
…………… Respondent.
FIR
No: 274/2015
U/S:
302/34 PPC
PS:
Aziz Bhatti
I N D E X
S.NO
|
PARTICULARS
|
DATED
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PAGE
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1.
|
Memo of Bail Application & Certifecate.
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||
2.
|
F.I.R & its Legible copy. Annexure “A” & “A1”.
|
||
3.
|
Memo of arrest & recovery. Annexure “B”.
|
||
4.
|
Report U/S 497(II) Cr.P.C & Order passed on it. Annexure “C” &
“C1”
|
||
5.
|
Charge Sheet “Interim”.
Annexure “D”.
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||
6.
|
Scrutiny Note of Prosecution Side. Annexure “E”.
|
||
7.
|
Charge Sheet “Final”.
Annexure “F”.
|
||
8.
|
Bail Order of Co-accused Persons & Post Mortem Report.
Annexure”G”
& “H”.
|
||
9.
|
Order Passed on Bail Application: Annexure “I”.
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||
10.
|
Application for exemption and affidavit.
|
||
11.
|
Urgent hearing application and Affidavit
|
||
12.
|
Vakalatnama
|
Karachi. Advocate for the Applicant / Accused.
Dated: 10-11-15.
For immediate Use in Court.
IN THE HIGH COURT
OF SINDH AT KARACHI
Cr. Bail App. No: /2015
Ch.
Zafar Iqbal S/O Muhammad Husain,
Muslim,
Adult, Presently confined
at
Central Jail Karachi. ……… ….
Applicans / Accused.
VERSUS
The
State ……
…………… Respondent.
FIR
No: 274/2015
U/S:
302/34 PPC
PS:
Aziz Bhatti
A F I D A V I T
I, Farhan Khaliq Advocate S/O Abdul Khaliq,holding
NIC No: 42401-0368131-9, Muslim, Adult, having office at suit No.15, 6th
Floor, Rimpa Plaza, M.A.Jinnah Road, Karachi, do hereby state on oath as under:
1.
That I am advocate for applicant/accused herein as such am fully
conversant with the facts of the case. The accompany application for exemption
of annexures has been moved because the applicant/accused is behind the bar and
the said annexures are not readily available.
2.
That the contents of the same are correct and for the sake of brevity
may be treated as part of this affidavit.
3.
That whatever stated above is true and correct to the best of my
knowledge and belief.
Karachi.
Dated:10-11-2015. DEPONENT
Cell No: 03002165271
Solemnly affirmed before me on oath by the
deponent / above named advocate for accused here at Karachi on this 10thday
of November 2015, who is personally known to me.
COMMISSIONER
FOR TAKING AFFIDAVITS
IN THE HIGH
COURT OF SINDH AT KARACHI
Cr. Bail App. No: /2015
Ch.
Zafar Iqbal S/O Muhammad Husain,
Muslim,
Adult, Presently confined
at
Central Jail Karachi. ……… ….
Applicans / Accused.
VERSUS
The
State ……
…………… Respondent.
FIR
No: 274/2015
U/S:
302/34 PPC
PS:
Aziz Bhatti
APPLICATION FOR EXAMPTION
U/S 561-A Cr.P.C
It is most humbly prayed on behalf of applicant/
accused above named that this Hon’ble Court may be pleased to exempt the
applicant /accused from filling certified copies of annexures ______________ &
English translation of all annexure, as the same are not readily available with
the applicant / accused. The applicant / accused is behind the bar, therefore
the prayer is made in the interest of justice.
Karachi.
Dated: 10-11-15. Advocate
for the Applicant/Accused
IN THE HIGH
COURT OF SINDH AT KARACHI
Cr. Bail App. No: /2015
Ch.
Zafar Iqbal S/O Muhammad Husain,
Muslim,
Adult, Presently confined
at
Central Jail Karachi. ……… ….
Applicans / Accused.
VERSUS
The
State ……
…………… Respondent.
FIR
No: 274/2015
U/S:
302/34 PPC
PS:
Aziz Bhatti
APPLICATION
UNDER RULE 9 CHAPTER III-A
It
is most humbly prayed on behalf of applicant / accused above named that this
Hon’ble Court may be pleased to hear this bail application on urgent basis on
____ November 2015, in Court, as the applicant / accused is in jail and suffering
for detention. Without proving the guilt of applicant / accused in trial, The detention
of applicant / accused will amount to abuse process of law, therefore the
prayer is made in the interest of justice.
Karachi. Advocate for the Applicant / Accused
Dated:-10-11-2015
For immediate Use in Court.
IN THE HIGH
COURT OF SINDH AT KARACHI
Cr. Bail App. No: /2015
Ch.
Zafar Iqbal S/O Muhammad Husain,
Muslim,
Adult, Presently confined
at
Central Jail Karachi. ……… ….
Applicans / Accused.
VERSUS
The
State ……
…………… Respondent.
FIR
No: 274/2015
U/S:
302/34 PPC
PS:
Aziz Bhatti
A
F I D A V I T
I, Farhan Khaliq Advocate S/O Abdul Khaliq,
holding NIC No: 42401-0368131-9, Muslim, Adult, having office at suit No.15, 6th
Floor, Rimpa Plaza, M.A.Jinnah Road, Karachi, do hereby state on oath as under:
1.
That I am advocate for applicant / accused herein as such am fully
conversant with the facts of the case. The accompanying application for urgent
hearing has been moved because the applicant/accused is behind the bar.
2.
That the contents of the same are correct and for the sake of brevity
may be treated as part of this affidavit.
3.
That whatever stated above is true and correct to the best of my
knowledge and belief.
Karachi.
Dated: 10-11-2015. DEPONENT
Cell No: 03002165271
Solemnly affirmed before me on oath by the
deponent / above named advocate for accused here at Karachi on this ___ day of
January 2015, who is personally known to me.
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