IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

Crl. Misc. No. _____________B/2002

1. Shafiq sons of Sardar Muhammad, caste Arain, R/o

Mauza
2. Sagheer Land of Ghulam Yasin, Tehsil & Distt.
Multan.

……PETITIONERS

VERSUS
The State. ……RESPONDENT

POST-ARREST BAIL PETITION U/S 497/498 CR.P.C.

In Case: -
F.I.R. No. 285/2002 Dated: 17.7.2002
U/s: 353/186/395/148, 149 P.P.C., 7 A.T.A.
(337A1/337A2, 337L2/337F1, 412 P.P.C.) added
P.S. Mumtazabad, Multan.

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 case was registered on the instance of 1993/HC

(Muhammad Rafiq) stating thereby that at 5:30 P.M. he
 along-with 824/C Khalid Mehmod equipped with 455 bore
revolver on official motorcycle, after the information of
occurrence reached at Head Dammri. In the meantime,
2490/C Muhammad Saleem, 2661/C Muhammad Tanveer,
2271/C Haq Nawaz from the Police Station reached at the
spot also. The accused persons Muhammad Iqbal son of
Ismaeel, Shahid Iqbal son of Iqbal Jillani, Arain by caste, Rab
Nawaz son of Rafiq, Jatt by caste, residents of Mouza Araazi
Ghulam Yasin, Sardar son of Ghulam Muhammad, Arain by
caste, Muhammad Shafiq son of Sardar Muhammad, all
armed with pistol 30 bore, Rafiq and Sagheer sons of Sardar
Muhammad armed with sarya, Abdul Majeed son of Liaqat
Ali, Tasawwar son of Abdul Hameed and Allah Ditta son of
Iqbal armed with Sota, Shahid Iqbal son of Muhammad Iqbal
armed with 12 bore gun, while Liaqat Ali, Muhammad
Ashfaq, Murtaza and 6/7 unknown persons empty handed,
resorted the attack upon police party. Muhammad Shafiq,
Muhammad Rafiq, Tasawar, Abdul Hameed and Allah Ditta
injured the complainant with their respective weapons, Liaqat
and Sagheer injured the Khalid Mehmood, Shahid Iqbal,
Tasawwar and Sagheer injured the Muhammad Saleem.
Shafiq snatched the revolver with cover and belt while
Sagheer took away the wrist watch and 500 rupees from the
complainant, Shahid Iqbal snatched the revolver and Allah
Ditta took away the purse containing Rs. 1500/- of Khalid
Mehmood and Sagheer snatched the belt of Muhammad
Saleem. In the meantime, the witnesses Muhammad Aslam &
Haqnawaz attracted to the spot while the accused persons fled
away with their respective weapons, hence, this F.I.R. Copy
of F.I.R. and better copy are attached as Annex “A & A/1”.

3. That the petitioners applied for their post-arrest bail, which

was dismissed vide order dated 2.10.2002. Copy of order is
Annex “B”.
4. That the petitioners are entitled for the grant of post-arrest
bail inter-alia on the following: -

GROUNDS

i) That this F.I.R. is based upon a concocted story and the

petitioners are roped up in this case falsely under the
ulterior motive and malafide intention.

ii) That the occurrence whatsoever as narrated in the F.I.R.

never happened. Actually, all the police officials came
at the spot for the favour of other party with the
intention to take illegal possession from the Iqbal etc.,
nominated as accused in the F.I.R., which caused
annoyance to the public officials and the petitioners
with their another brother Rafiq and their father Sardar
are nominated. The petitioners, their father and brother
only played a role to cool down the parties and nothing
more.

iii) That it is prima facie established on the record that the

F.I.R. is lodged with the connivance of other party. The
complainant was not familiar with the accused persons.
It is a surprising fact that the complainant lodged the
F.I.R. not only stating the names of accused persons but
with the correct parentage, caste and residential
address. This depicts the partial behaviour of the
complainant towards the accused persons.

iv) That the case of the prosecution could not be believed

because during the investigation some of the accused
persons were declared innocent. In these
circumstances, it is a case of further inquiry and falls
within the purview of Sec-497(2) of Cr.P.C.

v) That nothing was recovered from the petitioners, but

the same was planted upon the petitioners.
 vi) That the ingredients of sections 395, 353 and 186 P.P.C.
are not attracted as per contents of F.I.R.

vii) That the petitioners are behind the bar since their arrest
and further detention of the petitioner will not serve
any useful purpose.

viii) That the commencement of trial is not insight and

petitioners cannot be detained for indefinite period.

ix) That the offences under sections 353 & 186 P.P.C.
having a very lesser punishment.

x) That the investigation of the case is complete and the

persons of the petitioners are no more required for
further investigation.

xi) That the petitioners neither having any record nor

previous convicts.

In view of the above submissions, it is

respectfully prayed that this petition may please
be accepted and the petitioners 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 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

CERTIFICATE: -
Certified as per instructions of the client,
that this is the first post-arrest bail petition
of the petitioner in this August Court. 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

Shafiq etc. 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 2.10.2002. B
5 Power of attorney.

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