Before the Judge Anti-Terrorism Court No. 2, Multan.

1. Muhammad Akram S/o Sana Ullah, caste Ansari, R/o Jalal

Abad, Shumali, Tehsil & District Mutlan.
2. Haji Muhammad Yasin S/o Allah Bakhsh, Caste Bhatti, R/o
H. No. 3114, Mohallah Ban Loharan, Outside Bohar Gate,
Multan.
……..Petitioners
VERSUS
THE STATE ……Respondent

PETITION U/SEC-497 CR.P.C.

F.I.R. No. 59/2001 Dated: 16.4.2001

U/S: 448, 188 P.P.C. read with 7-B (iii) A.T.A.
P.S. Harram Gate, Multan.

Respectfully Sheweth: -
1. That pre-arrest bail petition of the petitioners was dismissed
by this Hon’ble Court on 19.5.2001. However, it is the first
post-arrest bail petition of the petitioners.

2. That the present case was registered on the application of

Administrator, Municipal Corporation, Multan, submitted to
the S.S.P. Multan, narrating therein that opposite Dawn
Cinema, in Shaheen Market, the petitioner No. 2 is a tenant
along-with others. On the proposal of Army Monitoring Cell,
in connection with welfare of the people of the locality, Filth
Depot has to be shifted somewhere else. In this connection,
notices were issued to the tenants on 3.3.2001; and a period of
 one month was given to vacate the said shops. On 11.4.2001,
when tenants were not going to vacate the premises
voluntarily, the Field Staff of the complainant took the
possession of the shops and sealed the same. On 14.4.2001,
the petitioner No. 2 broke the seal and chain, but the shop was
re-sealed again. On 16.4.2001, on site inspection, it was found
that petitioner No. 2 and another Muhammad Rafique again
broke the seals and occupied the shops illegally. Hence, this
F.I.R. Copy of the F.I.R. is Annex “A”.

3. That the petitioners are entitled for the grant of post-arrest bail
inter alia on the following: -

GROUNDS

a) That the case is false and fictitious, which is registered

against the petitioner with malafide and ulterior
motives.

b) That the petitioners are innocent and are roped up in

this case due to the Election Rivalry.

c) That the version of F.I.R. is not correct, which is a

concocted story at all. Originally, the petitioner No. 1 is
a bonafide tenant, who is still in possession of the
disputed shop. The petitioner filed a Civil Suit in this
regard on 18.4.2001, on which an interim injunction is
granted in the favour of the petitioner No. 1 and one
Shaukat Ali, restraining the complainant and other
office bearers to interrupt the possession of the
petitioner No. 1. This order of the court is extended
time to time and the next date of hearing in this case is
13.6.2001.

d) That one Shaukat Ali is the Partner of petitioner No. 1

and the rent of the disputed shop is deposited till
30.6.2001 in favour of the complainant. In this
situation, no question of trespassing arises.
 e) That the Sec-448 P.P.C. is bailable one Sec-188 P.P.C. is
not attracted until and unless a notice under section 134
Cr.P.C. along-with Section 148 Cr.P.C. is not served
upon the concerned persons. It is pertinent to point out
that the case cannot be registered under Sec-188 P.P.C.,
keeping in view the provisions of Sec-195 (a) Cr.P.C.

f) That during the pendency of Civil Suit and a valid order

of competent court, attraction of ingredients of Sec-7-B
(iii) is a question of further inquiry.

g) That the punishment of all the sections in the F.I.R.

does not attract the prohibitory Claus of Sec-497
Cr.P.C.

h) That the petitioners are previously non-convict and

having no previous record as well.

i) That the petitioners are behind the bar and their

detention could not serve any useful purpose.

j) That the petitioner No. 1 is not nominated in the F.I.R.

and name of the petitioner No. 1 was inducted by the
complainant afterwards to create the harassment.
It is, therefore, respectfully prayed that the
petitioners may please be granted the concession
of post-arrest bail.
Any other relief, which this Hon’ble Court
deems fit, may please be extended in the interest
of justice.
Humble Petitioners,

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