Post Arrest Bail

Post Arrest Bail U/S 497 Of Cr.
PC
IN THE COURT OF DISTRICT & SESSIONS JUDGE, RAWALPINDI.

1. ABCD resident of CDEF Tehsil and District Rawalpindi.
2. AB son of CD resident of Village Taja Bhara, Tehsil FAteh Jang District
Attock.
…. Petitioners
VERSUS
1. The State
2. GHI w/o JKL resident of Village Mujahat, P.S Chauntra, Tehsil and District
Rawalpindi.
…Respondents
CASE FIR NO…. DATED 28-08-2008 UNDER SECTIONS 302/147/149 PPC REGISTERED AT
P.S CHAUNTRA, TEHSIL & DISTRICT RAWALPINDI.
PETITION UNDER SECTION 497 Cr.P.C FOR THE GRANT OF POST ARREST BAIL.
Respectfully Sheweth,
1. That brief story of the case is that Mst. Shamim Akhtar, complainant
lodged the FIR with an allegation in brief that on 28-08-2008 at about
30 am, she alongwith her husband Tauqeer Ahmed (deceased), Raja
Gulfaam Akhtar and Raja Imtiaz Qamar (PWs) boarded a car and
proceeded towards her house at Rawalpindi. Tauqeer Ahmed was
driving the car. The moment, the car reached within the area of village
Mujahad, two vehicles boarded by the petitioners here in and other four
accused persons blocked the way, Tauqeer Ahmed (deceased) stopped
his car, upon which, the petitioners and other co-accused persons
alighted from their vehicles allegedly Tariq Mehmood accused raised
LALKARA that Tauqeer Ahmed should not let alive. The accused persons
dragged out Tauqeer Ahmed and PWs from the car Muhammad Safdar
petitioner No. 2, gave churri blow to Tauqeer Ahmed hitting him on
palm of right-hand, followed by another churri, blow by Mumtaz Khan
(co-accused) striking him in the chest/-. On receipt of above said two
injuries Tauqeer Ahmed fell down, when Mushtaq co-accused armed
with Danda, Sadaqat, co-accused armed with iron-rod, other three Qazi
Tariq, Qazi Abdul Hamid and Qazi Akram (all co-accused) gave him,
Danda, blows, which landed upon different parts of his body. All the
accused fled away leaving as the story of the FIR goes Tauqeer Ahmed at
the spot in an injured condition, from where, he was removed to the
hospital but he breathed his last on the way. Motive for occurrence
allegedly was an earlier altercation between two co-accused persons
and deceased.
2. That firstly the pre-arrest bail application was moved by petitioner No. 2
before this Honorable Court which was entrusted to the Court of Mr.
Ghulam Mehdi Khan, the Learned ASJ, Rawalpindi, which was declined.
3. That petition for bail after arrest u/s 497 Cr.P.C of Sadaqat accused was
accepted by the Learned Judge Mustafa Tanvir Safwat, the Learned ASJ,
Rawalpindi as being not resisted by the complainant, while the petition
to the extent of 3 others namely Tariq, Abdul Hameed and Akram was
declined on 13-1-2009.
4. That this is first bail application after arrest of both petitioners. Anyhow
Qazi Tariq, Qazi Abdul Hamid and Qazi Muhammad Akram moved their
such bail petitions before the Honorable High Court, which was
accepted by his Lordship Mr. Justice Mr. Kazim Ali Malik, Lahore High
Court Rawalpindi Bench, Rawalpindi in Crl. Misc. No. 153-B of 2009
dated 25-02-2009.
5. That the grounds of post arrest bail by the petitioners are as under;
a. That the petitioner No. 1 is not nominated in the FIR and the name of the
petitioner No. 1 was later on added with malafides by the complainant party
through so-called supplementary statement. The real brother of the petitioner
No. 2, who happens to be the real uncle of the petitioner No. 1 died and on
the day of alleged occurrence Name-ze-Janaza was scheduled to be held at
11.00 am in his native village and the both the petitioners were busy in
obsequies of deceased namely Manzoor Hussain being closely related inter-
see and were not at the place of occurrence.
b. That the complainant with malafidies roped the whole family members by
extending their net maliciously. The alleged role was fake attributed to
petitioner No. 1 while role attributed to petitioner No. 2 that he inflicted injury
on non-vital part of the deceased, stately on right palm near the little finger,
which simple in nature and not fatal one.
c. That the complainant with malafidies roped the whole family members by
extending their net maliciously. The alleged role was fake attributed to
petitioner No. 1 while role attributed to petitioner No. 2 that he inflicted injury
on non-vital part of the deceased, stately on right palm near the little finger,
which simple in nature and not fatal one.
d. That the case against the both petitioners is that of further inquiry and
comes under the umbrella of section 497 (2) of Cr.P.C and the both the
petitioners deserve bail after arrest.
e. That the case against the both petitioners is that of further inquiry and
comes under the umbrella of section 497 (2) of Cr.P.C and the both the
petitioners deserve bail after arrest.
f. That the fate of trial is not-visible in the near future. Both the petitioners are
previously non-convict, having unblemished character.
g. That the fate of trial is not-visible in the near future. Both the petitioners are
previously non-convict, having unblemished character.
PRAYER
It is therefore, respectfully prayed that the instant petition may
magnanimously be accepted and post-arrest bail may graciously be granted
to the petitioner in the interest of Justice.
Petitioners
Through
(Malik Awais Alam Advocate)
Advocate High Court

CERTIFICATE.
Certified on the instruction received from the petitioner this is a first bail
petition ever moved before this Honorable Court on the subject.
COUNSEL

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Post Arrest Bail U/S 497 Of Cr.

IN THE COURT OF DISTRICT & SESSIONS JUDGE, RAWALPINDI.

(Malik Awais Alam Advocate)

Advocate High Court

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