BAIL APPLICATION U/S 498 Cr.P.C.
IN THE COURT OF DISTRICT & SESSION JUDGE EAST AT KARACHI.
Cr. Bail.App.No. of 2016
B S-_____S/O _______ Taimori,
Muslim, Adult R/O House No.
Block Society, F.B.Area, Karachi…
… Applicant/ Accused.
VERSUS
The
State. ……………. Respondent.
F.I.R No. 233/2016
U/S. 420 /489-F P.P.C,
P.S. Soldier Bazar.
BAIL APPLICATION U/S 498 Cr.P.C.
Most humbly, It is prayed on behalf of
above-named applicants / accused that this Hon’ble Court may be pleased to
order for grant of bail before apprehended arrest at the hands of police, in consideration of facts and grounds:-
FACTS:
Brief facts of the prosecution case
are that on 2-09-2016, the complainant Bhero S/O Mal had lodged FIR
alleging there in that “ I had given money Rs: 60 Lac to B S S/O
Taimo against a written agreement for purchase of 05 plots of 120 Sq
Yards at Shipyard project of Malir cantonment. In the year 2005, he had given
files of 05 plots to me and upon inquiry I came to know that Malir cantonment
shipyard project is not available. Thereafter I contacted B S against
commission of fraud. Thereon he had started to take different people to me for
time gaining to return money. At last B S had given me (1) cheque No:
CA00193084 dated 19-07-2009 of worth 01 Lac (2) CA00193083 dated 21-07-2009 of
worth 01 Lac, which had become bounced on 10-11-09 & 11-09-2009. I asked
reason of bounced cheques from Basit but he talked for here & there. He has
not given me my money, please take legal action”.
After lodging of F.I.R the applicant /
accused is apprehending his arrest in subject case / FIR. Hence this
application.
GROUNDS:
1. That the
applicant/ accused is innocent and has committed no offence. With fabrication
of false & concocted story, he has been implicated falsely in this case.
2. That malafide
intentions and ulterior motives of complainant is apparent from the fact that
after delay 07 years of alleged incident, the complainant reported the matter
to police station to lodge F.I.R.
3. That the
complainant & applicant / accused were business partners in past, the
complainant might had have sneaked out cheques of applicant / accused and after
a long delay due to professional jealousy & in order to black mail the applicant
/ accused, he has lodged subject F.I.R for fraudulent gains & to extort
money & business of Project Developers from applicant / accused.
4. That the
circumstances against the applicant / accused are highly doubtful & require
further inquiry, further the alleged offences do not fall under prohibitory
clause.
5. That the
matter of complainant with applicant / accused is of civil nature, if any, and
requires further inquiry. Further the complainant has patched up the matter
with applicant / accused and has sworn the affidavit to quash the subject Case
/ F.I.R.
6. That the
applicants / accused never been involved in any criminal activity. Due to this
false case, his family & business respect is on stack. In case, he is
arrested, he will be humiliated & tortured by the police.
7. That the
applicant / accused is ready to join investigation & to furnish solvent
surety to the entire satisfaction of this honorable court.
Karachi.
Dated: Farhan Khaliq Anwer
(Advocate for
applicant / accused)
IN THE COURT OF DISTRICT & SESSION
JUDGE EAST AT KARACHI.
Cr. Bail.App.No. of 2016
B S-_____S/O _______ Taimori,
Muslim, Adult R/O House No.
Block Society, F.B.Area, Karachi… … Applicant/ Accused.
VERSUS
The
State. ……………. Respondent.
AFFIDAVIT
BY APPLICANT / ACCUSED
I, B S S/O Taimo, Muslim, Adult R/O House No. Block Society, Karachi,
holding NIC No: 866-, do hereby state on oath as under:
That I am applicant herein as
such am fully conversant with the facts of the case. The accompany application
for pre-arrest bail has been moved on my express instructions. The contents of
the same are correct and for the sake of brevity may be treated as part of this
affidavit.
That I say that the
complainant has lodged FIR falsely and due to this my whole prestige and honor
is on stack & and in case I am arrested in this bogus case, I will be
humiliated & tortured by police.
That whatever
stated above is true and correct to the best of my knowledge and belief.
Dated: 26 -12-2016.
Cell No:
IN THE COURT OF DISTRICT & SESSION JUDGE EAST AT KARACHI.
Cr. Bail.App.No. of 2016
B S-_____S/O _______ Taimori,
Muslim, Adult R/O House No.
Block Society, F.B.Area, Karachi… … Applicant/ Accused.
VERSUS
The State. ……………. Respondent.
AFFIDAVIT
BY COMPLAINNAT
I, Bh S/O Mal, Muslim, Adult R/O Flat No: Residency, East, Karachi, holding NIC No: 422011-5,
do hereby state on oath as under:
That I say that I am complainant
in this case and as such am fully conversant with the facts of the case.
That I say that I have got
redressed my grievances and patched up the matter outside the court. Therefore
I am not willing to pursue for further case proceeding of subject F.I.R.
That I say that I have no
objection, if the accompanying bail application is granted to applicant /
accused or the case proceedings of subject are quashed or disposed off.
That
whatever stated above is true and correct to the best of my knowledge and
belief.
Dated: 26 -12-2016.
Cell No:
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