IN THE COURT OF SESSIONS JUDGE ISLAMABAD

------

Aleena Iqbal daughter of Muhammad Iqbal, caste Cheema, resident of Fatima

Hostel, Bahria University, Shangrilla Road, E-8, Islamabad.

. . . . . . . . Petitioner

Versus

The State

. . . . . . . . Respondent

Case FIR No.           :      777/20

Dated                        :       24-04-2020

Offence U/S              :       337A, 337F PPC

Police Station            :       Islamabad.
 BAIL APPLICATION UNDER SECTION 498 CR.P.C FOR THE
GRANT OF PRE-ARREST BAIL

Respectfully Sheweth:

1. That through the instant bail petition, the petitioner seeks bail before
arrest in the case registered through FIR No. 777/20 dated 24-04-2020,
under sections 337A and 337F of Pakistan Penal Code 1860, at
Islamabad Police Station.

2. That succinctly stated facts giving rise to the filing of bail petition in
hand are that aforementioned FIR was registered on the application of the
complainant, Mrs. Maha Javed, wherein it has been alleged that the
petitioner whilst assisting Malik Javed (accused) and Malik Jawad
(accused) had caused grievous hurt to the former. A copy of FIR No.
777/20 dated 24-04-2020 under Sections 337A and 337F of PPC is
appended herewith for kind perusal of this Honourable Court as
Annexure-A.

3. That petitioner was merely a passerby at the occurrence of the incident,

who as a rational human being tried to prevent the two brothers – Malik
Javed and Malik Jawad – from beating Mrs. Maha Javed any further.

4. That petitioner resides at a street across from Mrs. Maha Javed and was
on her way home as usual when the occurrence took place on 24-04-2020
at 8:20 PM. Therefore, petitioner seeing the intensity of the brutality tried
to prevent the two alleged brothers from committing even more havoc.

5. That respondent, Mrs Maha Javed had already gotten her arm fractured
prior to the arrival of the petitioner, while received a head injury when
the petitioner was trying to stop Malik Javed from hitting the respondent
with a steal pipe on the head.
6. That the petitioner has comprehensively nothing to do with the
commission of alleged offence, hence, the FIR is an outcome of a story
based on palpable misapprehension of the situation while the local police
is after the petitioner to arrest her.

7. That the alleged petitioner is by no means personally or professionally

affiliated with the complainant or the two accused brothers. Miss Aleena
Iqbal, petitioner, was simply a passerby, who habitually takes this
particular route to reach her abode.

8. That the petitioner has been falsely accused in the instant case, therefore,
the petitioner humbly seeks indulgence of this Honourable Court for
grant of pre-arrest bail inter-alia on the following grounds:

9. That the instant FIR is ostensibly false and frivolous having no truth
related to the petitioner therein.

10. That the petitioner is perfectly innocent and has nothing to do with the
commission of alleged offence. Petitioner, rightfully so, has no
knowledge of the background of the fight that took place on 24-04-2020.

11. That the allegations leveled against the petitioner are false and the
petitioner has been charged on the basis of sheer misunderstanding.
Moreover, Mrs. Maha Javed was in a household fight with Malik Javed
(Respondent’s husband) and Malik Jawad (Respondent’s brother-in-law)
(Co-accused), which the petitioner is apparently not a part of.

12. That the petitioner is a law-abiding citizen of Pakistan. Resultantly, her

arrest at the hands of the police in the case will cause humiliation without
any fault attributable to her.

13. That the petitioner is ready to join investigation of the case as and when
required.
14. That the petitioner is ready to furnish sureties to the satisfaction of this
Hon’ble Court.

15. That the real culprits are Malik Javed and Malik Jawad, from whom the
complainant has gotten affected. The petitioner is not responsible for any
hurt caused by the co-accused.

16. That if the petitioner is released on bail, there is no chance that she would
tamper with prosecution witness.

17. That there is no probability of the petitioner either absconding or hiding

if she is released on bail, as she is innocent and a rational citizen of
Pakistan.

18. That the petitioner humbly seeks to raise additional grounds at the time of
the arguments the relevant time.

19. That the petitioner is totally innocent having no nexus with the alleged
story. The arm fracture and head injury has indubitably caused by the co-
accused who not only used bodily power to beat Mrs. Maha Javed, but
also benefitted from the usage of the steel pipe which became the
consequence of the head injury.

20. That petitioner is previously non-convicted and all offence mentioned in

FIR is not attracted.

21. That nothing incriminatory substantial material is available on record

connecting the petitioners with the commission of the alleged offence.
PRAYER:

It is, therefore, respectfully prayed that this Hon’ble Court may graciously be
pleased to admit the petitioner to pre-arrest bail till final disposal of the case
against him.

It is further prayed that the petitioner may also be admitted to ad-interim pre-arrest
bail during the pendency of the instant petition.          

Petitioner

Through:-

Amna Danial Khawaja

Advocate High Court
Session Courts Islamabad
Dated: 24-04-2020

CERTIFICATE:

It is certified that upon instructions of the client, it is the first petition for bail
before arrest filed on the subject titled before this Honourable Court.
 Counsel

IN THE COURT OF SESSIONS JUDGE ISLAMABAD

Petition No. 242/2020

Aleena Iqbal      Vs.      The State etc.

Pre-Arrest Bail Application

AFFIDAVIT

Aleena Iqbal daughter of Muhammad Iqbal, caste Cheema, resident of Fatima

Hostel, Bahria University, Shangrilla Road, E-8, Islamabad.

I, the above named deponent do hereby solemnly affirm and declare:-

That contents of the accompanying bail application are true to the best of my

knowledge and belief and be read as integral part of this affidavit.        

Deponent
VERIFICATION:

Verified on Oath at Islamabad on 24th of April of 2020 that the contents of the

above affidavit are true and correct to the best of my knowledge, information and
belief.

Deponent