APPLICATION UNDER SECTION 498 Cr.P.C.FOR THE GRANT OF PRE-ARREST BAIL Before High Court
 |
| PRE-ARREST BAIL |
IN THE LAHORE LAHORE
Crl. Misc. No. ___________ /B/ 2021
In re:
Noor
Ahmed VS
The State etc.
I N D E X
|
Sr.
No. |
Description
of Documents |
Date |
Page |
|
1. |
Bail
Petition |
23.01.2021 |
1-11 |
|
2. |
Affidavit
|
23.09.2019 |
6-9 |
|
3. |
F.I.R.
Annex “A” |
15/02/2020 |
13 |
|
4. |
Bail
Application Annex “B” |
|
14-15 |
|
5. |
Impugned
Order Annex “C” |
23.01.2019 |
15-16 |
|
6. |
Affidavit
of Complainant Annex “D” |
3-01-21 |
17-18 |
|
7. |
Power
of Attorney |
|
19 |
through
|
|
Advocate |
Dated: 23.01.2021
Download: Link given below
IN THE LAHORE HIGH COURT, LAHORE.
Crl.
Misc. No. ___________ /B/ 2021
Name , S/o, D/o Father Name , resident of _____________________.
….Petitioner
V
E R S U S
1.
The
State
2. Sajid Ali Son of Basit Ali, Resident of
Street No.8, House No.8, Gulshan Ravi, Lahore.
….Respondents
FIR
No. : 1234/2020 dated 15/02/2020
Offence : U/s 365/B, 324- PPC
Police
Station: Gulshan
Ravi, Lahore.
* * * * * * *
Respectfully Sheweth:
1.
That the above-titled case was registered against the
petitioner on the complaint of respondent No. 2 on 15.02.2020 with the allegation that the petitioner and others abducted the daughter of the
respondent No.2 namely Shaista Begum. For detail of the allegation copy of the FIR is
attached herewith is Annexure “A”.
2. That the petitioner moved a bail application before the
Sessions Judge Lahore, which came up for hearing before Mr. Muhammad Akram,
learned Additional Sessions Judge, Lahore, who dismissed the bail petition vide
order dated 23.12.2020. Copies of the bail petition and order are attached as Annexures
“B” & “C”.
3.
That the contents of the FIR are totally false,
frivolous and concocted.
4.
That the petitioner seeks his bail before arrest on the
following:
G R O U N D S
(a)
That the petitioner is innocent and the captioned FIR
got registered with the malafide of the police just for the purpose to harass
and humiliate the present petitioner.
(b)
That the petitioner and her daughters are named in the
FIR with malafide and ulterior motives.
(c)
That the daughter of the complainant/respondent No.2
has come back to the complainant, so that, the complainant executed the
document regarding no objection if the petitioner is granted bail. Copy of the
document/affidavit is appended with this petition as Annexure “D” for kind perusal of this Honourable Court.
(d)
That the case of the petitioner does not fall within
the ambit of prohibitory clause of Section 497 Cr. P.C, moreover, the case of
the petitioner is one of further inquiry. The petitioner being a woman deserves
to be granted a concession of bail.
(e)
That from the contents of the FIR it is self-evident
that the petitioner has not committed any offense whatsoever and she has been
falsely implicated in the instant case.
(f)
That there is no incriminating material is available on
record to connect the petitioner with the commission of the offense, without any fault
on her part.
(g)
That there is false story has been manipulated in the
FIR, which speaks volumes against its authenticity and false implication of the
petitioner cannot be ruled out after due deliberation and consultation, which
also shows the concocted nature of the case, even the story narrated in the FIR
is not plausible and believable in its natural sequences.
(h)
That the petitioner belongs to a very
noble family and cannot conceive and imagine committing the offense as alleged
in the FIR, in case she is not enlarged on bail before arrest she will be
humiliated and disgraced in the eyes of people of society.
(i)
That the local police are behind the petitioner for her
arrest and are conducting a raid at her house but luckily the petitioner was not
present in the house at the time of the raid.
(j)
That the petitioner has no history of crime and she is
previously non-convict.
(k)
That the petitioner is ready to join the investigation
if and when so required by the police.
(l) That the petitioner is ready to furnish the bail bonds to the entire satisfaction of this Honourable Court.
P R A Y E R
Under the
submissions made above, it is, therefore, most respectfully prayed that while
accepting the instant petition, the petitioner may very graciously be allowed
pre-arrest bail till the final decision of the case.
Ad-interim pre-arrest bail may also be granted.
Petitioner
through
Dated: 23.01.2021
Advocate
|
CERTIFICATE
As per information received from the petitioner, this is
the first bail petition on the subject matter in this court.
Advocate
IN THE
2. Sajid Ali Son of Basit Ali, Resident of
Street No.8, House No.8, Gulshan Ravi, Lahore.
….Respondents
vs
The State etc
FIR
No. : 1234/2020 dated 15/02/2020
Offence : U/s 365/B, 324- PPC
Police
Station: Gulshan
Ravi, Lahore.
Crl.
Misc. No. ___________ /B/ 2021
In
re:
Noor
Ahmed VS
The State etc.
FIR
No. : 1234/2020 dated 15/02/2020
Offence : U/s 365/B, 324- PPC
Police
Station: Gulshan
Ravi, Lahore.
APPLICATION UNDER
SECTION 498 Cr. P.C.
FOR THE GRANT OF
PRE-ARREST BAIL.
AFFIDAVIT OF MR. Noor Ahmed Son of Qurban Chaudhry, A resident of House No.23, Street No.19, Gulshan Ravi, Lahore.
I the above
named deponent do hereby solemnly affirm and declare as under:
1.
That the above-titled case was registered against the
petitioner on the complaint of respondent No. 2 on 15/02/2020 and Fir number 1234/2020
with the allegation that the
petitioner and others abducted the daughter of the respondent No.2 namely Shaista
Begum. For detail of the allegation copy of the FIR is attached herewith as Annexure “A”.
2.
That the petitioner moved a bail application before the
Sessions Judge Lahore, which came up for hearing before Mr. MR. Muhammad Akram,
learned Additional Sessions Judge, Lahore, who dismissed the bail petition vide
order dated23.12.2020. Copies of the bail petition and order are attached as Annexures
“B” & “C”.
3.
That the contents of the FIR are totally false,
frivolous and concocted.
4.
That the petitioner seeks his bail before arrest on the
following:
G R O U N D S
(a)
That the petitioner is innocent and the captioned FIR
got registered with the malafide of the police just for the purpose to harass
and humiliate the present petitioner.
(b)
That the petitioner and her daughters are named in the
FIR with malafide and ulterior motives.
(c)
That the daughter of the complainant/respondent No.2
has come back to the complainant, so that, the complainant executed the
document regarding no objection if the petitioner is granted bail. Copy of the
document/affidavit is appended with this petition as Annexure “D” for kind perusal of this Honourable Court.
(d)
That the case of the petitioner does not fall within
the ambit of prohibitory clause of Section 497 Cr. P.C, moreover, the case of
the petitioner is one of further inquiry. The petitioner being aged and ill person deserves to be granted a concession of bail.
(e)
That from the contents of the FIR it is self-evident
that the petitioner has not committed any offense whatsoever and has been
falsely implicated in the instant case.
(f)
That there is no incriminating material is available on
record to connect the petitioner with the commission of the offense, without any fault
on her part.
(g)
That there is false story has been manipulated in the
FIR, which speaks volumes against its authenticity and false implication of the
petitioner cannot be ruled out after due deliberation and consultation, which
also shows the concocted nature of the case, even the story narrated in the FIR
is not plausible and believable in its natural sequences.
(h)
That the petitioner, who is, belongs to a very
noble family and cannot conceive and imagine committing the offense as alleged
in the FIR, in case she is not enlarged on bail before arrest she will be
humiliated and disgraced in the eyes of people of society.
(i)
That the local police is behind the petitioner for her
arrest and are conducting a raid at her house but luckily the petitioner was not
present in the house at the time of the raid.
(j)
That the petitioner has no history of crime and she is
previously non-convict.
(k)
That the petitioner is ready to join the investigation
if and when so required by the police.
(l)
That the petitioner is ready to furnish the bail bonds
to the entire satisfaction of this Honourable Court.
Deponent
VERIFICATION
Verified on oath
at Lahore, this 03rd day of January 2021, that the contents of the above
affidavit are true and correct to the best of my knowledge and belief and
nothing has been concealed therein.
Deponent
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APPLICATION UNDER SECTION 498 Cr.P.C.FOR THE GRANT OF PRE- ARREST BAIL
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