IN THE COURT OF DISTRCIT & SESSIONS JUDGE WEST
AT KARACHI
B. B.A
No: of 2020
1. RAEES
S/O,
Muslim,
adult, resident of
Muhammad
Siddiq Broihi
Gujro
Yousuf Khan Goth
Block-C,
Malir
Karachi
-------------------------------------------APPLICANTS/ACCUSED
Versus
The
State ------------------------------------- RESPONDENT
FIR: 480/2020
U/S: 452/380/506/34 PPC
P/S: JACKSON
BAIL APPLICATION UNDER SECTION 498 CR.P.C
It is respectfully prayed on behalf of above named
applicant/accused that this Honorable Court may graciously be pleased to
enlarge them on Pre Arrest Bail, on consideration of the following facts and
grounds:-
F A C T S
According to the
complainant Shahnaz W/o, Rahat Ali, that she resides at House No: D-66, Bhutta
Village, Kemari, Karachi and this is her own property and works in a private
school. On 19.11.2018 at 2030 hours the
father in law of Zain Ahmed namely Muhammad Soda during conversation with his
mother fell down he was taken to hospital immediately later on his sons
immediately taken him from the hospital and later on the neighbor Kashif
informed by phone that Muhammad Soda passed away and they are giving allegation
to them of his death. She became
worried and disclosed to her husband
Raht Ali, due to fear of life we moved to Baldia Town to our relatives and
locked the house, in our absence on 21.11.2018 our neighbor namely Raees,
Anees, Shahid, Mansoor, Asif son of Siddique, Chand Muhammad, Waqas with ladies
Mst. Rubab, Mst. Hameeda & Seeta broke the lock of our house they entered
therein and all the dowry articles of her daughters including 6 tola gold, one
rado watch gent, one citizen watch gents and other un-sewed clothes of her daughters, 60 precious pairs of
bridal, utensils and other used house hold articles, one LED 32” Screen and 02
water pump Generators, one electric Generator 3KV and cash amount Rs.1,00,000/-
from her iron box, one sound system and one sewing machine were missing and extended threats
to her and her children of their killing. She reported this matter to SHO
Preedy, now on the directions of ADJ-IV West in Cr. Petition No: 2097/2018 come
to record her statement.
The above facts
constitutes commission of offence punishable under Section 452/380/506/34 PPC,
hence this case is registered against the above named accused.
PHOTOCOPY OF FIR IS
ENCLOSED AS ANNEXURE “A”
GROUNDS
1. That, the applicants/ accused
are quite innocent and did not commit the alleged offence, complainant falsely
involved by the police to show extra ordinary efficiency, otherwise he is quite
innocent.
2. That, the applicants/accused
did not play any specific role with the commission of alleged offence.
3. That, this is the case
of no evidence at all thus there is clear violation of mandatory provision of
103 Cr. P.C. the name of eye witnesses of alleged incident was not mentioned.
4. That, denial of bail to the accused in such
circumstances would be against principle of administrative of justice.
5.
That, question
of bail is directly related to liberty which is one of fundamental rights
guaranteed by the Constitution under Article 4 and 9 thus, a law, which says
that the court shall deny bail, may, in certain circumstances, be inconsistent
with the spirit of constitution.
6.
That,
to deprive the accused of liberty in pending trial may amount to keeping in
custody an innocent person.
7.
That,
no reasonable grounds exists for believing that the accused has committed a
non-bailable offence, but there are sufficient grounds for further enquiry into
his guilt.
8.
That, even
for the purposes of bail the law is not be stretched in favor of prosecution
and any benefit of doubt arising in the case must go to the accused.
9.
That, cases in which the accused has a right to bail
even in offence punishable with death or imprisonment for life or imprisonment
for 10 years when there doubt appear reasonable grounds for believing that the
accused has been guilty of a non-bailable offence within the meaning of Section
497 Sub Section (1) Cr. P.C; and in
which there are sufficient grounds for further enquiry into the guilt of the
accused within the meaning of Sub Section (2) of Section 497.
10.
That conclusion of trial would take definite
time, therefore the accused/applicant entitled for concession without his fault
and facing trial miseries.
11.
That mere heinousness of crime/offence
should not be stand in way of bail and bail cannot be declined as a punishment.
12.
That, mere mentioning the name of accused in FIR is not enough to
withhold the concession of bail and bail cannot be declined as punishment.
13.
That, now the police is raiding at the house of the applicants in case
of their arrest they shall be humiliated by the hands of police thus the
applicant shall be defamed both in the eyes of his family and in the eyes of
society.
14.
That it is the settled law that every
accused would be presumed to be innocent until guilt proved against him.
15.
That, the offence does not fall within the ambit of prohibitory clause.
16. That, the applicant/accused not previously convicted and not hardened and
criminal shall not misuse the concession of bail.
17.
That, applicants/ accused are permanent
resident of Karachi and ready to furnish solvent surety to the entire
satisfaction of this Honorable Court.
18.
That, other cogent and argumentative as well as
plausible ground would be argued at the time of hearing of this bail
application with the kind permission of this Honorable Court.
P R A Y E R
It
is respectfully prayed on behalf of the applicants/ accused that this Honorable
Court may graciously be pleased to enlarge him on Pre Arrest bail in the larger
interest of justice.
Karachi
Dated: -12-2018
Advocate for the
Accused/Applicant
IN THE COURT OF DISTRCIT & SESSIONS JUDGE WEST
AT KARACHI
B. B.A
No: of 2018
RAEES ----------------------------------------APPLICANTS/ACCUSED
Versus
The
State ------------------------------------- RESPONDENT
AFFIDAVIT OF APPLICANT
I, RAEES S/O _____________, Muslim, adult,
resident of Karachi, do hereby state on oath as under:-
1. That, I am the applicant/accused in this matter and deponent of this
affidavit as such fully aware with the facts.
2. That, accompanying Bail Before arrest application has been drafted and
filed under my specific instructions for the sake of brevity the contents
whereof be read as part and parcel of this affidavit.
3. That, unless my bail is allowed I shall be arrested and humiliated by
the hands of police thus am shall be defamed.
Whatever stated above is true and correct to the best of my knowledge
and belief.
Karachi
Dated 26.04.2020
DEPONENT
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