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IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

Crl. Misc. No. _____________B/2002

Sabir Hussain alias Sandha S/o Nabi Bakhsh, caste Dammar, R/o
Kot Chutta, Tehsil & District Dera Ghazi Khan.

……PETITIONER

VERSUS
The State. ……RESPONDENT

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

In Case: -
F.I.R. No. 131/2002 Dated: 3.5.2002
U/s: 16/10-7/79 Islamic Law.
P.S. Kot Chutta, D.G. Khan.

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 instant case was registered on the complaint of one


Ghulam Fareed. He stated that he is a labourer, having fours
sons and six daughters, out of them the eldest daughter
Nasreen Mai was married. The house and drawing room ( )
of one Akbar Pauvli is in front of his house and petitioner
with Raza Pauvli was visiting oftenly the house of Akbar. The
petitioner developed illicit relations with her daughter Mst.
Parveen aged 15/16 years; and on having knowledge, he
stopped them to visit. 1½ months prior, when he was on job,
other family members went to visit some relatives and Mst.
Parveen Mai was alone at the home. When they all came
back, they found said Mst. Parveen was missing. During the
search of his daughter, he was informed by the witnesses that
they had seen Mst. Perveen Mai in the company of petitioner,
Raza and Akbar in a white vehicle. The complainant
requested the return of his daughter, but the same was not
acceded. Even they remained reluctant, hence, this case. Copy
of F.I.R. and better copy are attached as Annex “A & A/1”.

3. That the petitioner was with other two accused was arrested
on 9.5.02 and sent to judicial lock up on 22.5.02. The
petitioner applied for the grant of bail thrice. The first bail
application was dismissed on 26.6.02, the second bail
application was withdrawn on 23.9.02, while the third was
rejected vide order dated 15.11.02. Certified copies are placed
on record as Annexes “B, B/1 & B/2” respectively.

4. That the petitioner requests for the grant of post-arrest bail


inter-alia on the following: -

GROUNDS

i) That this case is false, based upon a concocted story


and the petitioner was roped up due to ulterior motive
and malafide of the complainant party.

ii) That the petitioner became victim of personal enmity


and election rivalry of the locality.

iii) That there is an unexplained delay of 1½ month in the


registration of the case.
iv) That initially the case was registered U/s 16 of (EOH)
Zina Ordinance and subsequently Sec-10 was added
without having any cogent reason or evidence.

v) That the alleged abductee was recovered from the


possession of one Muhammad Aslam of Mianwali.
Neither police encircled the said Muhammad Aslam in
the course of investigation nor the case was properly
investigated in this regard.

vi) That it was proved during the course of investigation


that the alleged abductee is a women of easy virtue and
having illicit relations with so many people and she
went on her own accord.

vii) That the petitioner is a child aged 14 years 4 months


and one day as per his School Leaving Certificate, in
which his date of birth is mentioned as 8.1.1988. As per
date of birth, the case of the petitioner falls within the
preview of Juvenile Justice System Ordinance 2000
and Sec-7 of (EOH) Zina Ordinance, 1979 as well.
Certificate is attached as Annex “C”.

viii) That the petitioner is previously non-convict and


having no previous record at all.

ix) That the petitioner is behind the bar since his arrest i.e.
9.5.2002 and no useful purpose can be served with the
further detention of the petitioner.

x) That the case of petitioner needs further proving and


falls within the preview of Sec-497(s) Cr.P.C.

In view of the above submissions, it is


respectfully prayed that this petition may please
be accepted and the petitioner may graciously be
blessed with the concession of post-arrest bail.
Any other relief which this Hon’ble Court
deems fit, may please be granted in the interest
of justice.

Humble Petitioner,
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. 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

Sabir Hussain alias Sandha 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 orders dated 26.6.02, 23.9.02 B, B/1 & B/2
& 15.11.02.
5 Copy of certificate. C
6 Power of attorney.

PETITIONER
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