IN THE COURT OF ____
JUDICIAL MAGISTRATE SOUTH KARACHI
B. A. No: of 2020
JAN MUHAMMAD
S/O, JUMMA GUL
Muslim, adult, residents of Karachi
Presently in Landhi Jail ================= Applicant/Accused
Versus
The State ================= RESPONDENT
FIR: 45/2020
U/S: 6/9-A CNS
Act
P/S:City Court
P/S:City Court
BAIL APPLICATION
UNDER SECTION 51 OF C.N.S ACT READ WITH SECTION 497 Cr.P.C
It is prayed on behalf of applicant/accused named
above that this honorable Court may be pleased to enlarge him on bail, on
consideration of the following facts and grounds:-
F
A C T S
According to the prosecution case narrated by ASI
Azizullah posted at City Court Police Station, that I along with accomplices along
with arrested accused Jan Muhammad son of Jumma Gull in crime under Section
6-9(A) CNS Act returned to police station and states that I along with sub
ordinates was on duty at City Court Gate No.01 and in order for snap checking
of comers, during checking at 0900 hours the accused named above in suspicious
state came he with the help of accomplices apprehended and on his personal
search 16 token of Heroin weighing 04 grams were recovered and on further
search nothing was recovered.. The act of accused falls under Section 6/9 (A)
CNS Act, on return to P.S this case is registered against the accused persons.
PHOTOCOPY OF FIR IS ENCLOSED AS ANNEXURE “A”
G R O U N D S
1.
That the
applicant/accused is innocent, quite innocent and did not commit the alleged
offence, the police malafidely implicated innocent persons in this case.
2.
That no
contraband was recovered from the exclusive possession of applicants’/accused
the alleged recoveries totally foisted upon them.
3.
That there is
sheer violation of mandatory provision of Section 21 of CNS Act.
4.
That below the
rank of Sub Inspector is not competent to arrest, taken search and seizes the
alleged recovery; hence there is violation of mandatory provision of 21 CNC Act.
5.
That the nature
of alleged recovered Heroin not mentioned neither in the FIR nor in memo of
arrest and seizure, whether the allege recovered heroin is white, brown or else.
6.
That, the
complainant failed to mention what was his source of weighing of alleged
recovered heroin, whether it was weighed through digital or computerized scale,
the FIR is totally silent in this regard, hence the alleged recovery is totally
doubtful and needs further enquiry.
7.
That,
prosecution to prove their case failed to take a single quantity from the
alleged recoveries in order to send the same to chemical examiner, hence entire
recovery become highly doubtful.
8.
That, article the
offence does not fall within the ambit of prohibitory clause.
9.
That, if it is
so believe for the sake of arguments that the prosecution case is to be true,
and then the alleged recovery not produced before this Honorable Court.
10.
That, the
accused is in jail which goes to prove that the investigation has been
completed and accuse no more required for further investigation purpose.
11.
That, it is
the settled law that every accused would be presumed to be innocent until guilt
proved against him.
12.
That, it is
another settled law that no person can be kept behind the bars as punishment
for indefinite period.
13.
That mere
mentioning the name of accused in FIR is not enough to withhold the concession
of bail and bail cannot be declined as a punishment.
14.
That the
applicants/accused is permanent resident of Karachi shall not misuse the
concession of bail and shall not abscond.
15.
That the
bright academic future of accused is on stake if bail is not granted.
16.
That the
accused are ready to furnish solvent surety to the entire satisfaction of this
Honorable Court.
17.
That other
cogent ground would be argued at the time of hearing of this bail application
with the kind permission of this Honorable Court.
Karachi
Dated: - 04-2020
Advocate
for the Accused/applicant
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