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IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

Crl. Misc. No. _____________B/2002

Haq Nawaz S/o Noor Muhammad alias Nawaz, caste Rath, R/o Kot
Daim, Tehsil Kahror Pakka, District Lodhran.
……PETITIONER
VERSUS
The State. ……RESPONDENT

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

In Case: -
F.I.R. No. 202/2002 Dated: 10.7.2002
U/s: 364/392, 337H2/34 P.P.C.
P.S. Saddar, Kahror Pakka

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 on the night between 4/5.7.2002 people living on Basti


Mari Bhago Khan, heard a noise at about 2:00 a.m. The
people of locality attracted towards the noise and found the
noise coming from the house of one Allah Rakha. They found
four armed persons in the house; and identified Riaz Ahmad
alias Riaza and Zahoor Ahmad armed with Kalashankoves,
Kala S/o unknown along-with one whose complexion was
narrated and can be identified on appearance. On the arrival
of people of surroundings, the accused persons resorted firing
and under the cover of firing abducted the son aged 6 years
and daughter Azra Bibi aged 15/16 years of Allah Rakha
along-with articles and ornaments. On the statement of Allah
Yar watchman ( ) of the Mouza above mentioned
case was registered. Copy of F.I.R. is attached as Annex “A”,
whereas better copy is Annex “A/1”.

3. That the present petitioner is not nominated in the F.I.R. The


statement of Allah Yar the real aggrieved person was shown
to be recorded after about 15 days of the occurrence in which
the petitioner along-with one Baqir Hussain was nominated.
The petitioner and said Baqir Hussain was arrested and
passed full term of legal physical remand, but nothing was
recovered and ultimately the petitioner and other Baqir
Hussain were discharged by the police. However, the said
discharge report was not agreed by the Ilaqa Magistrate.

4. That the petitioner applied for post-arrest bail before the


learned Ilaqa Magistrate. An affidavit was tendered by the
Allah Rakha, the aggrieved person, who did not own the
statement under section 161 Cr.P.C. and desired that he has no
objection upon the grant of bail to the petitioner. On the day
of hearing his corroborative statement was recorded but the
learned Magistrate was pleased to reject the bail petition of
the petitioner. Copy of order dated 28.8.02, copy of affidavit
and statement are Annexes “B, C & D”.

5. That the petitioner applied for the post-arrest bail in the court
of learned A.S.J. Kahror Pakka. At this instance, the bail
petition of the petitioner was dismissed on 6.9.2002 for the
reason that although the Allah Rakha aggrieved submitted his
affidavit and made his clear statement about the innocence of
the petitioner, but the complainant did not come forward to
make any statement. The petitioner tried his luck again with
the affidavits of complainant witnesses quoted in the F.I.R. as
well as the Allah Rakha aggrieved person. But the bail
petition of the petitioner was dismissed on 18.9.2002 for the
reasons best known to the learned A.S.J. Kahror Pakka. Copy
of order dated 6.9.02, 18.9.02, affidavit of complainant, eye-
witnesses and Allah Rakha aggrieved person with their
statements overleaf are Annexes “E, F, G, H, J & K”.

6. That the petitioner seeks post-arrest bail inter-alia on the


following:

GROUNDS

i) That the petitioner is not nominated in the F.I.R.

ii) That the accused persons Riaz & Zahoor were


notorious, desperate and hardened criminals and were
killed during the encounter with the police, any case
which was ever registered against both of them, the
police was going to rope up the innocent people instead
of arresting the real culprits. Such like a statement was
recorded by the police with the name of Allah Rakha
and the said Allah Rakha was not going to own that
statement since beginning. Inspite of this fact that the
statement under section 161 Cr.P.C. recorded after a
fortnight of the occurrence even was not admissible
under the law. Both the lower courts given under
weight to that statement.

iii) That the affidavit exonerating the petitioner were


submitted in the court by all the material witnesses and
this only fact makes the case of the petitioner a case of
further inquiry.

iv) That the petitioner passed a full legal term of physical


remand, but nothing was recovered from the person of
the petitioner.

v) That after a thorough investigation and exploration of


the matter, a discharge report was prepared by the
police in respect of the petitioner.
vi) That the petitioner is neither a previous convict nor
having any previous record.

vii) That the petitioner is behind the bar since last two
months and further detention of the petitioner could not
serve any useful purpose for the prosecution.

viii) That no challan is submitted and the hearing of case is


not in the sight in near future.

In view of the above submissions, it is


respectfully prayed that the bail petition in hand
may please be accepted and the petitioner may
graciously be blessed with the concession of
post-arrest bail till the final disposal 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 petition
moved by 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

Haq Nawaz 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 order dated 28.8.2002. B
Copy of affidavit and statement. C&D
5 Copy of order dated 6.9.2002 & E&F
18.9.2002.
6 Copy of affidavit of complainant & G, H, J & K
witnesses with statements.
7 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