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
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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