Bail Application-High Court

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Crl. Misc No. _______ B/2010

Zahid Sarfaraz S/o Karim Bux Caste Dhadyana Sayal

R/o Chak No 54/W-B, Tehsil & District Vehari. Presently atDistrict Jail Vehari.

Petitioner…Versus1.The State2. Muhammad Akram S/O Khuda Yaar Caste Qais R/o

Zaheer Abad, Tehsil Malsi District Vehari.

Respondents…

F.I. R. No: 158/2010

Dated: 26-06-10 at 11-00 A.MOccurrence: 29-01-10 at OO-00 A.M

Offence U/S: 489-F P.P.C

P.S Chab Kalan, Tehsil & District Khanewal.

Date of Arrest 28-06-2010

PETITION UNDER SECTION 497CR.P.C. FOR GRANT OF

POST-ARREST BAIL.

Respectfully sheweth:-

1. That as per the information provided by the Petitioner,

this is the first bail application moved in this Hon’ble

Court on the subject in hand, however, earlier,

Applications under abovementioned Sections of Cr.P.Chave been filed with the Court of Additional Session

Judge Mianchannu, and in the Court of Learned Ilaqa

Magistrate Mianchannu, which were respectively

dismissed on 11-08-2010 and 14-07-2010.

IN THE LAHORE HIGH COURT MULTAN BENCH AT

MULTAN



Copy of the Bail Application and Order dated 11-08-2010 is

attached as Annex-A & A-I & Copy of the Bail Application

and Order dated 14-07-2010 is attached as Annex-B & B-I

2. That story of the prosecution according to F.I.R is thatRespondent No 2 lodged a complaint with the contention

that Petitioner has issued him a cheque amounting to Rs.

1,50,000/- as consideration of a car, purchased by the

petitioner from the Respondent No 2, and the same was

got dishonored for the want of insufficient funds. Hence,

this F.I.R.

Certified Copy of the F.I.R No 158/10 dated 26-06-2010 is attached as Annex-C

3. The entire story contained in the FIR is false, concocted,

malicious and vexatious in nature and has been cooked

up by the local Police in collusion with the complainant

Respondent No 2 to involve the Petitioner in the instant

case and the Petitioner pray for the Post-arrest bail, inter

alia, on the following

G R O U N D S

a) That Petitioner has never purchased the alleged Car

form the Respondent No 2 against the consideration of

Rs. 150,000/-, nonetheless, petitioner has exchanged

his car with that of the Respondent No 2 by entering

into an agreement dated 23-04-2009 wherein it hasbeen agreed by and between the parties that the

Petitioner shall additionally pay an amount of Rs.

37000/- to the Respondent No 2 out of which Rs. 5000/-

were paid at the spot and Rs. 5000/- were agreed to be

paid on 01-05-2009. Remaining Rs. 27000/- were

agreed to be paid in monthly installments of Rs. 2000/-

each. It is pertinent to mention here that this fact has

been admitted by the Respondent No 2 by making his

statement dated 04-03-2010 before the I.O P.S Thingi

district Vehari. Copy of the Agreement dated 23-04-

2009 is attached as Annex-D & Copy of the



Comments along with the Statement of Respondent No

2 dated 04-03-2010 is attached as Annex-E.

b) That according to the story of prosecution as

narrated in F.I.R as well as in the Petition filed beforethe learned Justice of Peace Vehari, the Respondent No

2 went to the house of Petitioner Six (6) months ago

whereby the Petitioner purchased the alleged Car from

the Respondent no 2 and Promised to pay the alleged

sale amount in next 6 months. It is pertinent to

mention here that version of Respondent No 2 came

for the first time on 11-02-2010 when he filed Petition

u/s 22-A before Justice of Peace Vehari. It could,

therefore, be said that allegedly the car was purchased

by the Petitioner on 11-08-2009. Thus there was no

need to issue a cheque in favour of Respondent No 2

by the Petitioner before the expiry stipulated time.

There is also no justification of Respondent No 2’s

demand to return back the said vehecal before the laps

of the agreed period of 6 months. Copy of the Petition

dated 11-02-2010 is attached as Annex-F.

c) That even the I.O, while applying for the Judicial

remand of the Petitioner on 07-07-2010 stated that the

story of the Respondent No 2 and circumstances of the

case are doubtful.

d) That notwithstanding the facts narrated herein,

Petitioner has also made a report on 31-12-2009 before

the P.S City, Vehari pertaining to the theft of cheque in

question and has sworn in an affidavit to that effect

also. Copy of the affidavit is attached as Annex-G.

e) That Petitioner has been involved in the instant case

with mala fide intentions to fulfill ulterior motives of

Respondent No 2. Respondent No 2 has also tried to

involve the Petitioner in another case with similaroffence on the complaint of his close relative/family

friend maintaining that Petitioner has furnished with

the complainant a bogus cheque of someone else.

Copy of the Petition before Justice of Peace Malsi is

attached as Annex-H, Copy of Order dated 15-03-2010



effectuated from the Petitioner thus no useful purposed

is to be served having Petitioner behind the Bar before

Trail. Reliance is placed on 2004 YLR 2227.

l) That the Petitioner is a law abiding citizen and has

never been convicted of any offence and he cannot

even think of violating the law. Petitioner carries no

criminal history and his past conduct cannot be

negated for consideration of granting bail. Reliance is

placed on PLD 2005 Lah 607.

m) That the Petitioner is ready to furnish such

security as may be sufficient for the entire satisfaction

of this Hon’ble Court and undertakes to appear before

the before the Court as and when required.

Under the circumstances it is humbly

prayed that the Petitioner may

graciously be granted Post Arrest Bail till

the final decision of the case againstthem.

Petitioner

Through:

KHALID MASOOD GHANI(Advocate High Court)

132-Old BlockDist Courts Multan

CC No: 3792

Certificate

As per instructions this is the firstpost-arrest bail application on thesubject in this Hon’ble Court.

Advocate.



C.M No _____/10IN

Crl. Misc No. _______ B/2010

Zahid Sarfaraz Versus The State etc.

APPLICATION Under Section 151 C.P.C to dispense withsome certified copies of some documents.

May it please your lordship:-

1. That the above mentioned Bail Application has been filed in this

Hon’ble Court.

2. That certified copies of some documents attached herewith as annexes

of Writ Petition are not available at present. However photocopies of the said documents are attached.

3. That the petitioner will submit the certified copies as and when

directed.

In view of the above it is therefore

humbly prayed that certified copies of the

documents attached with the BailApplication may kindly be dispense with.

Applicant

Through

Khalid Masood GhaniAdvocate High Court

132-Old Block

Dist Courts Multan

CC No: 3792

IN THE LAHORE HIGH COURT BENCH AT

MULTAN



To

The Deputy Registrar,Lahore High Court,Multan Bench, Multan.

Crl. Misc No. _______ B/2010

Zahid Sarfaraz VERSUS The State.

Sir,

Will you kindly treat the accompanying petition

as an urgent one in accordance with the provisions of

Rule 9, Chapter 3-A Rules and Orders of the High Court,

Lahore at Bench Multan Volume-V

Bail Matter.

Yours obediently,

Khalid Masood GhaniAdvocate High Court,132-Old BlockDistrict Courts, Multan.CC No.3792


MULTAN



Crl. Misc No. _______ B/2010

Zahid Sarfaraz VERSUS The State.

INDEX


MULTAN



Petitioner

Through:

Khalid Masood GhaniAdvocate High Court132-Old BlockDistrict Courts MultanCC No: 3792

S#

Description of DocumentsAnnexur

eDated

PageNo.

1.

1

Urgent Form

2. Bail Application

3.

Copy of the Bail Application before Addl. Session Judge, Mianchannuand Order thereof

A & A-I 11-08-10

4.

Copy of the Bail Application beforeIlaqa Magistrate Mianchannu and Order thereof

B & B-I 14-07-10

5.

Certified Copy of the F.I.R No158/10 with Batter Copy

C 26-06-10

6. Copy of agreement D 23-04-09

7.

Copy of Statement by Respondent No 2

E 04-03-10

8. Copy of Petition U/s 22-A at Vehari F 11-02-10

9. Copy of Affidavit G 31-12-09

10.

Copy of Petition u/s 22-A at Malsi H 15-03-10

11.

Copy of Order I 15-03-10

12.

Certificate issued by Bank J 16-08-10

13.

Application for dispensation

14.

Power of Attorney

Bail Application-High Court

Documents

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