IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

Crl. Misc. No. ____________B/2002

Malik Talib Hussain S/o Malik Sabir Hussain, caste Kakay Zai, R/o
H. No. 595-F, Katra Rehman Shah, Koocha Chabak Sawara, I/s
Rang Mahal, Lahore.
……Petitioner
VERSUS
The State. ……Respondent

Application for protective bail before arrest.

In Case:
F.I.R. No. 260/90 Dated: 30.8.90
Offence U/s: 380/406 P.P.C.
P.S. Malka Hans, District Pakpattan Sharif.

The applicant humbly submits as under: -

1. That the above stated case, on the statement of Syed

Muhammad Naqvi S/o Syed Ali Haroon, R/o Sahiwal was
registered on 3.8.90 stating therein that the complainant leased
out his Oil Mills situated at Pakpattan Road, to the applicants
vide Iqrar Nama dated 10.5.90 on the following terms: -
i) That period of lease will be five years, but lessee shall
be at liberty to finish the lease before lapse of the
period.

ii) That advance money as security Rs. 500,000/- was paid

to the complainant, shall be returnable.

iii) That Rs. 40,000/- shall be the yearly rent of the Oil
Mills, which was paid in advance for the first year.

iv) That applicants party shall be at liberty to give the

factory on lease to any other person of their choice and
the complainant shall have no objection to it.

v) That in case the complainant fails to return

Rs. 500,000/- security amount, the factory shall be
deemed as sold for total amount of Rs. 800,000/-
against which Rs. 500,000/- security amount shall be
deemed as advance money and applicants shall be
entitled to get a registered sale deed on payment of the
remaining Rs. 300,000/-.

vi) That in case the Oil Mills is undergoing a loan that will
be paid by the complainant.

vii) That electric connection was disconnected at the time of

lease. The complainant took the responsibility to get the
same restored within two months. Photocopy of Lease
Deed is Annex “B”.

It was alleged in the F.I.R. that applicants took away some

machinery from the factory and on coming to know,
complainant alongwith Muhammad Saleem S/o Ch. Taj Din
and Mehfooz Ali Khan Rajpoot reached the spot, where the
factory was locked, but peeping from the outer wall, it could
not be investigated as to what machinery was taken away.
Copy of F.I.R. is Annex “A”.
2. That the complainant after the execution of lease deed failed
to get the electric connection restored and as such the
applicants could not start their business.

3. That compelled by the circumstances, Talib Hussain applicant

No. 1 on 24.6.90 sold out his half share of lease to one Javed
Hussain resident of Lahore and received Rs. 250,000/- the half
security amount already paid and Rs. 20,000/- the half first
year lease money from him. The half security amount was
then to be paid back by the complainant to the said Javed.
Possession of the half share of the Mills was handed over to
Javed on 24.6.90.

4. That thereafter, two months and six days after the execution of
the said lease deed in favour of Javed, complainant got the
case registered against the applicants.

5. That on arising of some differences between the parties, the

applicant No. 1 also got the case registered No. 275/90,
offence U/s 365 P.P.C. P.S. Nolukha, District Lahore.

6. That during this litigation, a comprise was affected between

the parties and a compromise deed was written on 8.12.90
wherein it was agreed that the complainant shall withdraw the
case No. 260/90 P.S. Malka Hans and applicant shall also
withdraw the case No. 275/90 P.S. Nolukha and both the
parties shall no more pursue the cases. It was further agreed
that Malik Muhammad Asif shall be the sole arbitraror of the
parties who would decide the difference between the parties
and his decision shall be binding upon both the parties.

7. That this compromise agreement was acted upon by both the

parties and non of the parties did ever pursue the cases
thereafter. Consequently the cases were filed. But the
complainant did never appear and placed his case before said
Muhammad Asif arbitrator and the matter ended. However,
police of P.S. Malka Hans on 29.7.2001 submitted Challan of
the case No. 260/90 wherein applicant Talib Hussain was
 declared innocent and as such his name was entered in Khana
No. 2 of the Challan.

8. That the applicant No. 1 is undergoing a civil litigation with

Fozia Gulzar Vs. Talib Hussain pending in the court of
Ch. Muhammad Azam Civil Judge, Lahore.

9. That in order to pressurize the applicant No. 1 she contracted

Syed Muhammad Naqvi the complainant again after ten years
and the above-captioned case was persuaded. However, in
investigation, police Malka Hans submitted a Challan in the
court of Mr. Salim Iqbal, Civil Judge, M.I.C. Sec-30,
Pakpattan, wherein the applicant’s name was entered in Khana
No. 2, declared him as innocent.

10. That the complainant again got the investigation transferred to

P.S. City Pakpattan and police city Pakpattan without
recording any evidence against the applicant, is out to arrest
him.

11. That the applicant submitted an application for bail before

arrest in the Court of Mr. Faiz Talib, Sessions Judge,
Pakpattan Sharif, who allowed interim bail to the applicant till
16.7.2002, but the police P.S. City Pakpattan inspite of this
interim bail wanted to arrest the applicant No. 1. The
applicant No. 1 on 10.7.2002 made a verbal complaint to the
Ilaqa Magistrate about the high handedness of police city
Pakpattan who vide his order dated 10.7.2002 directed S.H.O.
to honour the interim bail and not to arrest the applicant till
the date and to strictly act in accordance with law.

12. That inspite of this order, police city Pakpattan with a number
of policemen was out to arrest the applicant and for that
purpose the police officer along with many constables were
present in the way to Sessions Court, Pakpattan and did not
allow the applicant to attend the court and wanted to arrest
him out of the court before his appearance in the court.
13. That the applicant being afraid of this situation, fled away and
failed to appear in the Sessions Court and came to Multan
seeking protective bail from the Hon’ble High Court.

14. That the applicant No. 1 also filed a W.P. No. 1391/2002 titled
as “Talib Hussain Vs. S.H.O. Malka Hans” which was fixed
before his lordship Mr. Muhammad Khalid Alvi, J, who
passed an order calling upon S.H.O. P.S. Malka Hans to
submit comments. S.H.O. Malka Hans on 5.7.2002, submitted
his comments conceding that applicant has been declared as
innocent.

15. That applicant is innocent. As per the original lease

agreement, sold out his share of the lease to one Javed on
24.6.90 two months and six days prior to the alleged
occurrence and as such the question of stealing machinery
does not arise at all. It is malafide on the part of the
complainant and also on the part of police P.S. City Pakpattan
to arrest the applicant without recording any incriminating
evidence against him except the bare statement of the
complainant.

16. That the applicant alongwith some respeactables of the

locality appeared before S.H.O. City Pakpattan who recorded
the statement of the parties and one P.W. Muhammad Saleem
who is witness named in F.I.R. The said Muhammad Saleem
has stated before the S.H.O. that no occurrence of theft has
ever taken place.

17. That the same day during the investigation, the complainant
offered that if the applicant give on oath on Quran Sharif that
he has committed no offence, the complainant would not
pursue the case any more. And for this purpose police has
fixed a date and time as 19.7.2002 and on that date, the
applicant is bound to take oath, but inspite of all these facts,
police again wanted to arrest the applicant and harassing him
 by raiding his house and by their presence before the Court of
Sessions Judge, Pakpattan Sharif.

Wherefore, it is respectfully prayed that the

application be allowed and protective bail before arrest
for at least two weeks be allowed to the applicant to
approach the Court of learned Sessions Judge,
Pakpattan Sharif and meanwhile the applicant shall
prove his innocence before the police concerned.

Affidavit is attached herewith.

Humble Applicant,

Dated: _______

Through: -
Zafar Iqbal Khan,
Advocate High Court,
124-District Courts,
Multan.

Certificate: -

As per instructions of the client, this is first

protective bail before arrest being filed
before this Hon’ble Court. No such
application has earlier been filed.

Advocate
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

Crl. Misc. No. ____________B/2002

Malik Talib Hussain Vs. The State

Application for pre-arrest bail (protective)

AFFIDAVIT of: -
Malik Talib Hussain S/o Malik Sabir Hussain, caste
Kakay Zai, R/o H. No. 595-F, Katra Rehman Shah,
Koocha Chabak Sawara, I/s Rang Mahal, Lahore.

I, the above named deponent do hereby

solemnly affirm and declare that the contents of
the above-mentioned application are true and
correct to the best of my knowledge and belief
and nothing has been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of July 2002 that the contents of this affidavit are
true & correct to the best of my knowledge and
belief.

DEPONENT
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

In re: C.M. No. ____________/2002

In
Crl. Misc. No. ______B/2002

Malik Talib Hussain Vs. The State

APPLICATION FOR DISPENSING WITH THE

FILING OF CERTIFIED COPIES OF ANNEXURES.
=========================================

Respectfully Sheweth: -
1. That the above-titled application is being filed before this
Hon’ble Court, the contents of which should be
considered as part & parcel of the main petition.

2. That certified copies of Annexes “A to E” are not readily

available. However, uncertified/photo state copies of the
same have been annexed with the petition, which are true
copies of the original documents.

It is, therefore, respectfully prayed that

this Hon’ble court may please dispense with the
filing of aforesaid copies of documents.
APPLICANT,
Dated: __________

Through: -
Zafar Iqbal Khan,
Advocate High Court,
124-District Courts,
Multan.
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

In re: C.M. No. ____________/2002

In
Crl. Misc. No. ______B/2002

Malik Talib Hussain Vs. The State

DISPENSATION APPLICATION

AFFIDAVIT of: -
Malik Talib Hussain S/o Malik Sabir Hussain, caste
Kakay Zai, R/o H. No. 595-F, Katra Rehman Shah,
Koocha Chabak Sawara, I/s Rang Mahal, Lahore.

I, the above named deponent do hereby

solemnly affirm and declare that the contents of
the above-titled application are true and correct
to the best of my knowledge and belief and
nothing has been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of July 2002 that the contents of this affidavit are
true & correct to the best of my knowledge and
belief.

DEPONENT
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

Crl. Misc. No. ____________B/2002

Malik Talib Hussain Vs. The State

INDEX
S. No. DESCRIPTION OF DOCUMENTS ANNEXES PAGES
1 Urgent Form
2 Bail Petition.
3 Affidavit
4 Copy of F.I.R. dated 300.8.90. A 8
5 Copy of lease deed between the B 9
parties dated 10.5.90.
6 Copy of further lease deed dated C 10
24.6.90 between Malik Talib &
Malik Javed.
7 Copy of compromise deed dated D 12
8.12.90 between the parties.
8 Copy of Challan dated 29.10.01 E 13
9 Certified copy of Order of M.I.C. F 14
Pakpattan dated 10.7.02
10 Dispensation Application. 15
11 Affidavit. 16
12 Power of attorney. 17

PETITIONER,
Dated: __________

Through: -
Zafar Iqbal Khan,
Advocate High Court,
124-District Courts,
Multan.