IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

Crl. Misc. No. _____________B/2003

Ghulam Hussain S/o Muhammad Bilal, caste Lar, R/o Basti Ghar,
P.S. City, Lodhran.

……PETITIONER

VERSUS
The State. ……RESPONDENT

POST-ARREST BAIL PETITION U/S 497 CR.P.C.

In Case: -
F.I.R. No. 192/2003 Dated: 7.5.2003
U/s: 380 P.P.C. P.S. City, Lodhran.

Respectfully Sheweth: -

1. That the names and addresses of the parties have correctly

been given for the purpose of their summons and citation.

2. That the instant F.I.R. was lodged on the application of one

Muhammad Aslam, stating therein that he is a resident of
Lodhran City and running business of fertilizers. On 5.5.03, at
6:00 P.M., his partner visited the godown and found that the
lock of shutter gate was changed. The said partner found 370
bags amounting to Rs. 310,800/-, missing from the stock. The
complainant, his partner and others, when inquired from the
petitioner, who was happened to be a contractor for
loading/unloading, he confessed the theft. The petitioner also
 promised to pay the amount after selling his plot, but now
refused, hence, this case. Copy of F.I.R. and better copy are
attached as Annex “A & A/1”.

3. That the petitioner filed bail petition before the Judicial

Magistrate, which was turned down by the order dated
14.06.03. The bail petition before the learned Sessions Judge
met with the same fate, through order dated 26.06.03. Copies
of orders are placed as Annexes “B & C” respectively.

4. That the petitioner seeks the grant of post-arrest bail inter-alia

on the following: -

GROUNDS

i) That the petitioner is innocent and is roped in this case

falsely.
ii) That the instant case is registered against the petitioner
with ulterior motive and malafide intention.
iii) That it was matter between the partners but the
petitioner is being victimised due to conspiracy hatched
by the partners.
iv) That the petitioner was lifted by the police on 02.5.03,
but no arrest was shown by the police. The petitioner
was illegally detained and on 22.5.03, the illegal
custody was transferred to the C.I.A. Staff, Lodhran.
Ultimately, a petition was filed for the recovery of
petitioner and on the date fixed i.e. 24.5.03, the
petitioner was produced in the court of the learned
Sessions Judge, Lodhran and shown the arrest of
petitioner on 23.5.03. Copy of petition and order are
Annex “D & E”.
v) That besides the illegal detention for more than 20
days, the petitioner also passed a full period of physical
remand, but nothing was recovered from the petitioner.
vi) That the petitioner is previous non-convict and having
no record as well.
 vii) That whole the case of prosecution is based upon the
extra-judicial confession, which is always considered
as a week type of evidence.
viii) That the investigation of the case is complete and
person of the petitioner is no more required for further
investigation.
ix) That the petitioner is behind the bar since last six
weeks and no useful purpose can be served by the
further detention of the petitioner.
x) That the instant case requires more probing and it is a
case of further inquiry.
xi) That the punishment of the offence in the F.I.R. is
seven years and does not fall with in the preview of
prohibitory clause of 497 Cr.P.C.

In view of the above submissions, it is

respectfully prayed that this petition may please
be accepted and the petitioner may graciously be
blessed with the concession of post-arrest bail till
the final decision of the case.

Any other relief which this Hon’ble Court

deems fit, may please be granted in the interest
of justice.

Humble Petitioner,
Dated: ________

Through: -
Hammad Afzal Bajwa, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176

CERTIFICATE: -
Certified as per instructions of the client,
that this is the first post-arrest bail petition
of the petitioner. No such petition has earlier
been filed before this Hon’ble Court.
Advocate
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

Crl. Misc. No. _____________B/2002

Ghulam Hussain Vs The State

INDEX
S. No. DESCRIPTION OF DOCUMENTS ANNEXES PAGES
1 Urgent Form
2 Bail Petition.
3 Copy of F.I.R. along-with better copy. A & A/1
4 Copy of orders dated 14.6.03 & B&C
26.6.03.
5 Copy of petition and order. D&E
6 Power of attorney.

PETITIONER
Dated: __________

Through: -

Hammad Afzal Bajwa, Sheikh Muhammad Faheem,

Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176