IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

Crl. Misc. No._____________/B/2002

Imam Bakhsh S/o Mangla, caste Natkani Baloch, R/o Darkhast

Jamal Khan Darmiani, District Dera Ghazi Khan.
……….Petitioner
VERSUS

The State. ……..Respondent

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

Case: -
F.I.R. No. 131 Dated: 14.8.2001
U/s: 334/34 P.P.C.
P.S. Darkhast Jamal Khan (D.G. Khan).

Respectfully Sheweth: -
1. That the names and addresses of the parties have correctly been
given for the purpose of their summons and citations.

2. That the instant F.I.R. was registered on the statement of one

Ghulam Ali, stating thereby, that he is resident of Basti Bhinda
falling in the jurisdiction of Mauza Darkhast Jamal Drmiyani. He
was married to Mithan Mai about 10/11 year ago. There are six
children from the wedlock and all are alive. On the night falling
between 23/24.7.2001, he was sleeping in his house, near about
1:00 A.M., he awakened on the noise of his wife Mst. Mithan. He
saw in the light of torch, Fida Hussain son of Ramzan, hodling a
 cane of acid along-with a mugga, while Abid Hussain son of
Khadim Hussain caste Kachyani was holding the arm of his wife
Mst. Mithan; and Imam Bakhsh son of Mangla Shikhani resident
of Darkhast Jamal Darmiyani was standing behind. In his view,
Fida Hussain, on the Mst. Mithan; and Imam Bakhsh on the Ishaq
aged six months threw acid. On the hue and cry, witnesses
attracted to the spot and accused persons fled away. Motive
behind the occurrence was stated that Fida Hussain etc. made fun
with Mst. Mithan, on which complainant resisted, then Fida
Hussain etc. threatened the complainant to face the consequences.
Copy of F.I.R. is annexed as Annex “A” and better copy is Annex
“A/1”.

3. That all the three accused applied for their post arrest bail before
the learned Magistrate, but the application was withdrawn on
11.9.2001. Again the three accused persons applied for post arrest
bail, but the same was dismissed vide order dated 19.10.2001 by
the Magistrate. Their post arrest bail petition met with same fate
vide order dated 13.12.2001, before the learned A.S.J., D.G.
Khan. On 12.1.2002, the bail was granted to Fida Hussain and
Abid Hussain on the basis of compromise, by the learned
Magistrate. While the bail petition of petitioner was rejected vide
order dated 18.2.2002 by the learned A.S.J. D.G. Khan. Copy of
order dated 18.2.2002 is Annex “B”.

4. That the petitioner is entitled for the concession of post arrest bail
inter alia on the following: -

GROUNDS

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

due to party friction and political rivalry.

ii) That the case against the petitioner is false one and a
concocted story.
iii) That this case is a prima facie result of conspiracy
between the police and complainant.

iv) That there is un-explained delay of 22 days in the

lodging of F.I.R.

v) That the role attributed to the petitioners does not seem

to be genuine, but looking like an effort to involve the
petitioner at any cost.

vi) That on 24.7.2001 the complainant lodged Rapat No.

10 on the same facts but against the unknown persons.

vii) That the eyewitnesses in F.I.R. are different from the

eyewitnesses quoted in the Rapat. Copy of Rapat is
Annex “C”.

viii) That the petitioner was arrested from his home on

25.9.2001 and remained on physical remand for 14 days
but nothing was recovered from the petitioner.

ix) That as per Medico-legal Certificates there is no

opinion of expert regarding the “Itlaf-e-Udw”. The
Police itself made an opinion and registered the case
under section 334 P.P.C. Copies of the Medico-legal
Certificates are attached as Annexes “ D & E”.

x) That prima facie the case of the petitioner does not fall
within the ambit of Prohibitory Clause of Section 497
Cr.P.C.

xi) That the petitioner is behind the bars since his arrest
(25.9.2001), investigation is complete and petitioner is
no more required by the police.
 xii) That reasonable grounds do not exist to connect the
petitioner with offence, even it is a case of further
inquiry in the present circumstances.

xiii) That the petitioner was declared innocent during the

investigation and finally the Challan is submitted under
the same opinion.

xiv) That the petitioner is neither previous convict nor has

any record.

Keeping in view of the above-mentioned

submissions, it is respectfully prayed that the
petition in hand may kindly be accepted and post
arrest bail may please be allowed to the
petitioner.

Any other relief, order or direction which

this Hon’ble Court deems fit may please be
extended in favour of petitioner to meet the ends
of justice.

Humble Petitioner,

Dated: ___________

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

CERTIFICATE: -
Certified as per instructions of the clients,
that this is the first petition on the subject
matter. No such petition has earlier been
filed before this Hon’ble court.

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

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

In
Crl. Misc. No._____________/B/2002

Imam Bakhsh Vs The State

APPLICATION FOR DISPENSING WITH THE

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

Respectfully Sheweth: -
That certified copies of Annexures “A, C to E”are not
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 the documents.
APPLICANT,

Dated: __________
(IMAM BAKHSH)
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
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

Crl. Misc. No._____________/B/2002

Imam Bakhsh Vs The State

INDEX

S. No. DESCRIPTION OF DOCUMENTS ANNEXES PAGES

1 Urgent Form
2 Bail Petition. 1—7
3 Copy of F.I.R. & better copy. A & A/1 9—11
4 Copy of order dated 18.2.2002. B 13
5 Copy of Rapat No. 1o dated 24.7.2002 C & C/1 15—17
& better copy.
6 Copy of M.L.C. of Mst. Mithan & D & D/1 19—21
better copy.
7 Copy of M.L.C. of M. Ishaq & better E & E/1 23—25
copy.
8 Dispensation Application. 27
9 Vakalatnama 29

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