BAIL BEOFRE ARREST APPLICATION U/S. 498 Cr.P.C R/W 561-A Cr.P.C. AT HIGH COURT



IN THE HIGH COURT OF SINDH AT KARACHI

Cr. Bail. App. No.       / 2016.

Waseem Ahmed S/O Mannan Khan,
Muslim, Adult, R/O House No: G-562,
Korangi No: 5-1/2, Near Star School,
Karachi. .                                            ……    Applicant/Accused.

VERSUS
The State.                      ………                                    Respondent.

FIR No:.145/2015
U/S:.      17(2)(b) & 22(b) EO 1979,
     R/W 489-F PPC     
P.S:.               FIA, AHT Circle, Karachi.

BAIL BEOFRE ARREST APPLICATION
U/S. 498 Cr.P.C R/W 561-A Cr.P.C.

Most, humbly, It is prayed on behalf of the above-named applicant / accused that this Hon’ble Court may be pleased to grant him bail before apprehended arrest at the hands of FIA, AHT Circle, Karachi / Police in consideration of following facts and grounds:-

F A C T S

Brief facts of the prosecution case are that “upon verbal complaint, the subject FIR was lodged by complainant Muhammad Asgher S/O Elahi Buksh. As the said complainant had registered case FIR No. 409/2015, dated 16.06.2015, at P.S. Boat Basin Karachi and the arrest of accused Suhail Anthony S/O Michel was also effected in it. During his personal search, one Passport No. CX-1823291 dated 13.01.2015 in the name of Muhammad Asghar s/o Ellahi Bakhsh and Rs. 20,000/- were recovered. Accordingly the said accused was produced in the Honorable court of Civil & Judicial Magistrate – IV, South, Karachi for remand purposes, but the respectable judge considered the remand report and ordered that as a passport have been recovered from the possession of the arrested accused person, therefore the investigation of the case falls under the jurisdiction of FIA. Therefore the file of the case alongwith custody of accused Suhail Anthony S/O Michel alongwith recovered articles was transferred to this Circle to proceed further with the matter. Thereafter the complainant namely Muhammad Asghar S/O Ellahi Bakhash was called, who attended this office and recorded his statement stating that basically he is resident of District Muzzafar Garh and presently residing at the above address for the last 20 years. He is running his tailoring shop in Shah Rasool Colony, Old Clifton Karachi for the last 8 years. It is further submitted that Sohail Anthony S/O Michel is also resident of Shah Rasool Colony and very well known to him. In the month of December 2014, Sohail Anthony told him that he have certain visas for South Africa which he can provide against the payment of Rs. 1,40,000/- Two more residents of Shah Rasool Colony namely Sher Muhammad Khan S/O Muhammad Sher and Umar Khan S/O Muhammad Khan also came into contact of Sohail Anthony S/O Michel and finally on 08.01.2015, in the Mobile Shop of Noor Khan, situated in Shah Rasool Colony they paid the following amount in cash along with their Passports to Sohail Anthony:
a.        Muhammad Asghar Rs. 1,40,000/-
b.       Sher Muhammad Khan Rs. 1,30,000/-
c.        Umar Khan Rs. 1,00,000/-
It was assured by Sohail Anthony that he will arrange our traveling within 15 days but after receiving money he keep us on false promises and finally disappeared. On 17.04.2015 the accused Sohail Anthony gave them cheque No. 03516314 dated 17.04.2015 amounting to Rs. 2,30,000/- drawn at Dubai Islamic Bank, Korangi Industrial Area Branch issued by some Waseem Ahmed but this cheque could not be encashed and bounced. On 16.06.2015 the complainant with the help of his elder brother Zafar Iqbal and Sher Muhammad apprehended alleged Sohail Anthony and took him to PS Boat Basin, where they were enquired in detail and FIR was lodged.
The other two victims namely Sher Muhammad Khan s/o Muhammad Sher and Umar Khan s/o Muhammad Khan attended this office and recorded their statement.
The accused Suhail Anthony was also enquired into the matter who disclosed that one Waseem Ahmed s/o not known resident of Korangi No. 2 ½ Karachi offered him to provide visa for South Africa including ticketing charges against payment of Rs. 1,40,000/- each. The accused Suhail Anthony received Passports and amount from the complainant and other victims and further handed over the same to Waseem Ahmed for arranging South African visas, but he failed to so. On his demand Waseem Ahmed gave him cheques of Dubai Islamic Bank but the same could be encashed. There after Waseem Ahmed was slipped away. He however failed to point the resident of Waseem Ahmed.
The above facts constitute commission of offences punishable under Section 17(2)(b) / 22(b) E.O. 1979 r/w Section 489 F P.P.C. hence registration of case against accused Waseem Ahmed S/O not known r/o Korangi No.2 ½ Karachi and accused Sohail Anthony S/O Michel R/O house No. B-85, street No. 3, Shah Rasool Colony, Old Clifton Karachi above mentioned & other with the permission of competent authority and affected the arrest of accused Sohail Anthony S/O Michel above mentioned. I will investigate the case”.
After lodging of FIR & usual course of investigation, the complaint No: 210/2015 dated: 03-7-2015, regarding subject FIR, has been filed in this court and the trial is pending. Hence this application.


GROUNDS.

1.        That, the applicant / accused is innocent and falsely implicated in this case, the applicant / accused has no concern / contact / relation, what so ever in nature, with the complainant.
2.        The applicant / accused is a dealer of Denim Garments & Stock Loads. He had business connection of sale / purchase of Stock load of old Garments with co-accused Sohail Anthony who, with ulterior motives, tried to play fraud with applicant / accused also. At one hand he took cheque of payment Rs: 0230000/= from applicant / accused and did not give the delivery of stock of old garments to him and at other hand he passed the same cheque to complainant to pay off his own liability toward complainant.  
3.        That there is no direct or indirect allegation of complainant against applicant / accused and statement of co-accused has no value in eyes of law.
4.        That FIR is delayed of 05 months, two different version of complainant vide two different FIRs i.e [ (1) FIR No: 409/2015, U/S: 406 PPC, PS: Boat Baasin (2) FIR of subject case] of same incident, having no role of dealing with complainant, of any kind, and order dated: 13-06-2015, passed by Honorable District & Session Judge, south in Cr. M. A. No: 838/2015 upon application of applicant / accused shows that the element of fabrication & manipulation exist in this case.
5.        That the applicant / accused had no knowledge of subject case and since last 5/6 years, he is living at address shown at above in title; in NTN & Cr. M. A. No; 838/2015. That in another FIR of same subject matter i.e FIR No: 269/2015, U/S:. 22(b) E.O 1979, P.S:. FIA, AHT Circle, Karachi, the applicant / accused had got granted bail before arrest vide No: 248/2016, in interim means, from this Honorable court & to join the trial, when applicant / accused approached there, the applicant / accused came to know that, with same subject matter, an another FIR of subject case is lodged and NBWs of applicant / accused are also issued in this case.
6.        The circumstances against the applicant / accused are highly doubtfull &  the applicant / accused is not hardened, desperate or habitual offender, there is no sufficient reason to believe that the accuse is involved in the alleged offence, the case of applicant / accused requires further inquiry and covered under sub section 2 of the section 497 Cr.P.C.
7.        That, the applicant / accused is respectable & gentle man and in case he is arrested he will be humiliated and totured. The  honour , respect and life of his whole family / wife/ school going children’s has become on stack.
8.        The applicant /accused is ready to furnish the solvent surety to the entire satisfaction of this Honorable court.

Karachi.                                

Dated:19-2-2016.                                               Advocate for Applicant/Accused




                For Immidiate Use in Court.

IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Bail. App. No.       / 2016.

Waseem Ahmed S/O Mannan Khan,
Muslim, Adult, R/O House No: G-562,
Korangi No: 5-1/2, Near Star School,
Karachi. .                                            ……    Applicant/Accused.

VERSUS
The State.                      ………                                    Respondent.

AFFIDAVIT

I, Waseem Ahmed S/O Mannan Khan, Muslim, Adult, R/O House No: G-562, Korangi No: 5-1/2, Near Star School, Karachi, holding NIC No: 42201-9702257-3, , do hereby state on oath as under:

1.        That I am applicant / accused herein as such am fully conversant with the facts of the case.

2.        That the accompany application for pre-arrest bail has been moved on my express instructions.

3.        That I say that I am serious apprehension of arrest in this false case and if I am arrested I will be humiliated & tortured by hands of custom police.

4.        That I say that the contents of the bail application as well as this affidavit, are correct and for the sake of brevity, may be treated as part of this affidavit.

5.        That whatever stated above is true and correct to the best of my knowledge and belief.


Karachi.                                                                D E P O N E N T
Dated: 02-3-2016.


          The deponent is identified by me.
                                                                              A D V O C A T E

Solemnly affirmed before me on oath by the deponent above named here at Karachi on this 19th day of February, 2016 who has been identified to me by Mr. Farhan Khaliq Anwer, Advocate who is personally known to me.

                                                          COMMISSIONER FOR TAKING AFFIDAVITS

  
IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Bail. App. No.       / 2016.

Waseem Ahmed S/O Mannan Khan,
Muslim, Adult, R/O House No: G-562,
Korangi No: 5-1/2, Near Star School,
Karachi. .                                            ……    Applicant/Accused.

VERSUS
The State.                      ………                                    Respondent.

FIR No:. 269/2015
U/S:. 17(2)(b) & 22(b) EO 1979,
R/W 489-F PPC          
P.S:.          FIA,  AHT Circle, Karachi.

CERTIFICATE

Certified that, no bail application has been filed by me earlier, on behalf of 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 in subject FIR, moved by me before this Honorable court.




Karachi.                                                                     Advocate for Applicant / accused
Dated:




IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Bail. App. No.       / 2016.

Waseem Ahmed S/O Mannan Khan,
Muslim, Adult, R/O House No: G-562,
Korangi No: 5-1/2, Near Star School,
Karachi. .                                            ……    Applicant/Accused.

VERSUS
The State.                      ………                                    Respondent.

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 apprehending his address at the hands of police, therefore the prayer is made in the interest of justice.
      

Karachi.                 
Dated: 02-3-2015.                                                               Advocate for the Applicant/Accused


For Immidiate Use in Court.

IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Bail. App. No.       / 2016.

Waseem Ahmed S/O Mannan Khan,
Muslim, Adult, R/O House No: G-562,
Korangi No: 5-1/2, Near Star School,
Karachi. .                                            ……    Applicant/Accused.

VERSUS
The State.                      ………                                    Respondent.

AFFIDAVIT

I, Waseem Ahmed S/O Mannan Khan, Muslim, Adult, R/O House No: G-562, Korangi No: 5-1/2, Near Star School, Karachi., holding NIC No:42201-9702257-3, , do hereby state on oath as under:

1.        That I am applicant/ accused herein as such am fully conversant with the facts of the case.

2.        That the accompany application for exemption from filing annexures & English translation has been moved on my express instructions.

3.        That I say that I am serious apprehension of arrest in this false case and if I am arrested I will be humiliated & tortured by hands of custom police.

4.        That I say that the contents of the bail application as well as this affidavit, are correct and for the sake of brevity, may be treated as part of this affidavit.

5.        That whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.                                                                D E P O N E N T
Dated: 19-2-2016.


          The deponent is identified by me.
                                                                              A D V O C A T E

Solemnly affirmed before me on oath by the deponent above named here at Karachi on this 20th day of February, 2016 who has been identified to me by Mr. Farhan Khaliq Anwer, Advocate who is personally known to me.

                                                          COMMISSIONER FOR TAKING AFFIDAVITS


IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Bail. App. No.       / 2016.

Waseem Ahmed S/O Mannan Khan,
Muslim, Adult, R/O House No: G-562,
Korangi No: 5-1/2, Near Star School,
Karachi. .                                            ……    Applicant/Accused.

VERSUS
The State.                      ………                                    Respondent.


APPLICATION UNDER RULE 9 CHAPTER III-A
VOLUME-V  OF  SINDH  HIGH  COURT RULES


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 02nd - March- 2016 / Today, in Court, as the applicant / accused has apprehension of his arrest in false case. Therefore the prayer is made in the interest of justice.


Karachi.                                    Advocate for the Applicant / Accused 
Dated:-02-03-2016           


               For Immidiate Use in Court.

IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Bail. App. No.       / 2016.

Waseem Ahmed S/O Mannan Khan,
Muslim, Adult, R/O House No: G-562,
Korangi No: 5-1/2, Near Star School,
Karachi. .                                            ……    Applicant/Accused.

VERSUS

The State.                      ………                                    Respondent.

AFFIDAVIT

I, Waseem Ahmed S/O Mannan Khan, Muslim, Adult, R/O House No: G-562, Korangi No: 5-1/2, Near Star School, Karachi., holding NIC No:42201-9702257-3, , do hereby state on oath as under:

1.        That I am applicant/ accused herein as such am fully conversant with the facts of the case.

2.        That the accompany application for urgent hearing has been moved on my express instructions.

3.        That I say that I am serious apprehension of arrest in this false case and if I am arrested I will be humiliated & tortured by hands of custom police.

4.        That I say that the contents of the bail application as well as this affidavit, are correct and for the sake of brevity, may be treated as part of this affidavit.

5.        That whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.                                                                D E P O N E N T
Dated: 02-3-2016.


          The deponent is identified by me.
                                                                              A D V O C A T E

Solemnly affirmed before me on oath by the deponent above named here at Karachi on this 02nd March 2016 who has been identified to me by Mr. Farhan Khaliq Anwer, Advocate who is personally known to me.

                                                            COMMISSIONER FOR TAKING AFFIDAVITS



IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Bail. App. No.       / 2016.

Waseem Ahmed S/O Mannan Khan,
Muslim, Adult, R/O House No: G-562,
Korangi No: 5-1/2, Near Star School,
Karachi. .                                            ……    Applicant/Accused.

VERSUS
The State.                      ………                                    Respondent.

FIR No:. 269/2015
U/S:. 17(2)(b) & 22(b) EO 1979,
R/W 489-F PPC          
P.S:.          FIA,  AHT Circle, Karachi.

 

I N D E X



S.NO

PARTICULARS

 DATED
PAGE 
1.

Memo of Bail Application, Affidavit & Certifecate.



2.

Copy of FIR & Complaint. Annexure “A”&“A1”.



3.

Copy of FIR No: 409/2015, U/S 440/406 PPC, PS: Boat Basin. “A2”



4.

Copy of Bail Order of Co-Accused. “A3”



5.

Copy of Application of applicant / accused to PS. Copy of Petition U/S 22-A Cr.P.C, Comments filed by SHO & order passed on petition U/S 22-A Cr.P.C. Annexure A4, A5, A6 & A7.



6.

Copy of Card Chamber Membership, Membership Certificate, NTN Certificate, Tax return, Copy of Bail order Vide No: 248/2016… A8, A9, A10, A11, A12.



7.

Application for exemption and affidavit.



8.

Urgent hearing application and Affidavit



9.

Vakalatnama





Karachi.                                                                               Advocate for the Applicant / Accused.
Dated: 02-03-2016.                                               


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