IN THE LAHORE HIGH COURT, RAWALPINDI BENCH,
RAWALPINDI
Crl. Misc No. B/2010
In the matter of:
Karam Ellahi son of Pohla Khan, resident of House No.F-459, Islamila Abad, Wah Cantt, Tehsil Taxila, District Rawalpindi (Presently confined in Central Jail, Adiala, Rawalpindi)
…Petitioner
VERSUS
The State. …Respondent
PETITION UNDER SECTION 497 Cr.P.C FOR THE GRANT OF POST ARREST BAIL IN CASE FIR NO. 643 DATED 16-09-2009, OFFENCE UNDER SECTION 489-F PPC REGISTERED AT P.S WAH CANTT, DISTRICT RAWALPINDI
Respectfully Sheweth!
1. That the petitioner has been falsely and maliciously roped in this case due to ulterior motives by the complainant in connivance with local police and is confined in Central Jail, Adiala, Rawalpindi. (Attested copy of FIR along with better copy is annexed herewith as Annexure-A)
2. That the petitioner filed petition for bail after arrest in the court of Ellaqa Magistrate, P.S Wah Cantt, which was declined vide order dated 29-09-2009. (Attested copy of bail petition along with order dated 29-09-09 is annexed herewith as Annexure-B)
3. That the petitioner also filed petition for bail after arrest in the court of learned Additional Sessions Judge at Taxila, District Rawalpindi, which too was declined vide order dated 09-10-2009. (Attested copy of bail petition along with order dated 09-10-09 is annexed herewith as Annexure-C)
4. That the petitioner seeks post arrest bail inter-alia on the following:-
GROUNDS
a. That the brief facts leading to the instant petition are that the petitioner entered into a Sale Agreement regarding land measuring 7-Kanals & 5-Marlas situated in Revenue Estate of Sagra Brahma comprising in Khasra No.531, 532 for total consideration of Rs.25,15,000/-. (Copy of Sale Agreement is annexed herewith as Annexure-D)
b. That later on, when it transpired to the petitioner that the subject matter (Land measuring 7-Kanals & 5-Marlas) was owned and possessed by one Faiz Alam and the complainant of the instant case i.e Khalid Mehmood has nothing to do with the land and in the first instance he objected the fraudulent conduct of the complainant in a Jirga where he conceded his misrepresentations and requested the petitioner to directly execute the sale deed in his favour by the said Faiz Alam and the petitioner executed sale deed bearing No.4323/1 dated 30-06-2009 duly registered with Sub Registrar Taxila, District Rawalpindi after making the payment of whole consideration amount to the said executant i.e. Faiz Alam. (Copy of registered Sale Deed is annexed herewith as Annexure-E)
c. That after the execution of sale deed in favour of the petitioner’s party, the petitioner asked the complainant for returning back the cheques issued by him but he lingered on the matter on one pretext or the other and assured the petitioner that he would not present the same in the bank nor would proceed against the petitioner in any manner.
d. That the petitioner fairly believes and understands that after prevailing human greed upon the complainant, he in order to usurp and grab more money from the petitioner, presented the same in the concerned bank and after getting dishonoured the same, implicated the petitioner in a false, frivolous and fabricated instant case.
e. That the order passed by the courts below are against the law and facts of the case.
f. That there is sufficient material available leading the petitioner’s innocence and his false implication in the instant case.
g. That the order passed by the courts below are illegal, arbitrary one and against all the norms of the natural justice.
h. That the malafide of the petitioner is crystal clear from the averments of the FIR that too in the light of the sale agreement and that of registered sale deed.
i. That the investigation of the case has been completed and the petitioner is no more required for further investigation.
j. That it is a case of further inquiry and probe and it is yet to be seen at the trial stage that which of the version is to be correct.
k. That the petitioner is the first offender in the alleged occurrence. The petitioner is not a previous convict and having no criminal record. In the said circumstances of the instant case, the petitioner is entitled for the concession of bail.
l. That the offence mentioned in the FIR does not fall within the prohibitory clause of section 497 Cr.P.C.
m. That the petitioner is a victim of malicious prosecution and have no concern whatsoever with the alleged offence.
n. That the bail cannot be withheld as punishment to the petitioner.
o. That the petitioner belongs to a respectable family, previously non-convict and ready to furnish the bail bonds to the satisfaction of this Honourable Court.
It is, therefore, respectfully prayed that the instant bail petition may kindly be accepted and petitioner may kindly be granted bail after arrest till the final disposal of the case.
Petitioner
Through
Crl. Misc No. B/2010
In the matter of:
Karam Ellahi son of Pohla Khan, resident of House No.F-459, Islamila Abad, Wah Cantt, Tehsil Taxila, District Rawalpindi (Presently confined in Central Jail, Adiala, Rawalpindi)
…Petitioner
VERSUS
The State. …Respondent
PETITION UNDER SECTION 497 Cr.P.C FOR THE GRANT OF POST ARREST BAIL IN CASE FIR NO. 643 DATED 16-09-2009, OFFENCE UNDER SECTION 489-F PPC REGISTERED AT P.S WAH CANTT, DISTRICT RAWALPINDI
Respectfully Sheweth!
1. That the petitioner has been falsely and maliciously roped in this case due to ulterior motives by the complainant in connivance with local police and is confined in Central Jail, Adiala, Rawalpindi. (Attested copy of FIR along with better copy is annexed herewith as Annexure-A)
2. That the petitioner filed petition for bail after arrest in the court of Ellaqa Magistrate, P.S Wah Cantt, which was declined vide order dated 29-09-2009. (Attested copy of bail petition along with order dated 29-09-09 is annexed herewith as Annexure-B)
3. That the petitioner also filed petition for bail after arrest in the court of learned Additional Sessions Judge at Taxila, District Rawalpindi, which too was declined vide order dated 09-10-2009. (Attested copy of bail petition along with order dated 09-10-09 is annexed herewith as Annexure-C)
4. That the petitioner seeks post arrest bail inter-alia on the following:-
GROUNDS
a. That the brief facts leading to the instant petition are that the petitioner entered into a Sale Agreement regarding land measuring 7-Kanals & 5-Marlas situated in Revenue Estate of Sagra Brahma comprising in Khasra No.531, 532 for total consideration of Rs.25,15,000/-. (Copy of Sale Agreement is annexed herewith as Annexure-D)
b. That later on, when it transpired to the petitioner that the subject matter (Land measuring 7-Kanals & 5-Marlas) was owned and possessed by one Faiz Alam and the complainant of the instant case i.e Khalid Mehmood has nothing to do with the land and in the first instance he objected the fraudulent conduct of the complainant in a Jirga where he conceded his misrepresentations and requested the petitioner to directly execute the sale deed in his favour by the said Faiz Alam and the petitioner executed sale deed bearing No.4323/1 dated 30-06-2009 duly registered with Sub Registrar Taxila, District Rawalpindi after making the payment of whole consideration amount to the said executant i.e. Faiz Alam. (Copy of registered Sale Deed is annexed herewith as Annexure-E)
c. That after the execution of sale deed in favour of the petitioner’s party, the petitioner asked the complainant for returning back the cheques issued by him but he lingered on the matter on one pretext or the other and assured the petitioner that he would not present the same in the bank nor would proceed against the petitioner in any manner.
d. That the petitioner fairly believes and understands that after prevailing human greed upon the complainant, he in order to usurp and grab more money from the petitioner, presented the same in the concerned bank and after getting dishonoured the same, implicated the petitioner in a false, frivolous and fabricated instant case.
e. That the order passed by the courts below are against the law and facts of the case.
f. That there is sufficient material available leading the petitioner’s innocence and his false implication in the instant case.
g. That the order passed by the courts below are illegal, arbitrary one and against all the norms of the natural justice.
h. That the malafide of the petitioner is crystal clear from the averments of the FIR that too in the light of the sale agreement and that of registered sale deed.
i. That the investigation of the case has been completed and the petitioner is no more required for further investigation.
j. That it is a case of further inquiry and probe and it is yet to be seen at the trial stage that which of the version is to be correct.
k. That the petitioner is the first offender in the alleged occurrence. The petitioner is not a previous convict and having no criminal record. In the said circumstances of the instant case, the petitioner is entitled for the concession of bail.
l. That the offence mentioned in the FIR does not fall within the prohibitory clause of section 497 Cr.P.C.
m. That the petitioner is a victim of malicious prosecution and have no concern whatsoever with the alleged offence.
n. That the bail cannot be withheld as punishment to the petitioner.
o. That the petitioner belongs to a respectable family, previously non-convict and ready to furnish the bail bonds to the satisfaction of this Honourable Court.
It is, therefore, respectfully prayed that the instant bail petition may kindly be accepted and petitioner may kindly be granted bail after arrest till the final disposal of the case.
Petitioner
Through
COUNSEL
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