BEFORE THE SESSIONS JUDGE, LAHORE.
Bail Petition No.______________/2021
Ubaid Nafees son of Nafees Ahmed,
Caste Mughal, resident of Jawi Mohallah, Village Sultankay,
Tehsil City, District Lahore.
(Presently confined in District Jail, Lahore)
…….PETITIONER
Versus
The State.
……….RESPONDENT
__________
CASE : FIR No.802/10 dated 24.11.2010
Police Station Manga Mandi, Lahore.
OFFENCE : Under Section 39 of PPC
PETITION : Under Section 497 Cr.P.C. for grant of Bail After Arrest.
__________
RESPECTFULLY SHEWETH:
1. That the above mentioned case was got registered on the complaint of one Muhammad Ahsan son of Javaid Ahmed, Caste Abbasi, resident of Haveli Gujjaran, Vilage Sultankay, Lahore against the petitioner and other unknown persons. For detail of prosecution story a copy of the FIR is enclosed as Annexure “A” for the kind perusal of this Honourable Court.
2. That the petitioner was arrested in this case and he applied bail after arrest for release which was dismissed vide order dated 13.1.2011 passed by Mr. Khalid Saeed Wattoo, learned Judicial Magistrate Section 30, Lahore. A copy of the order is appended as Annexure “B” for the kind perusal of this Honourable Court.
3. That the petitioner prays for his release on bail before this Honourable Court inter alia on the following:-
G R O U N D S
a). That the petitioner is absolutely innocent and has falsely been implicated in the instant case with mala fide intention and ulterior motives.
b). That the prosecution story is false, untrue and concocted. The petitioner has not committed any offence as alleged by the prosecution. As such the case of the petitioner becomes one of further inquiry.
c). That there is an un-explained delay of one day in the registration of the FIR which makes the prosecution story doubtful and the benefit of every doubt always goes in favour of the petitioner , even at bail stage. In such a situation the petitioner becomes entitled for his release on bail.
d). That nothing was recovered from the petitioner and nothing is to be recovered from the petitioner and in such a situation his further incarceration will not serve any useful purpose.
e). That there is no independent witness of the alleged occurrence which makes the prosecution story doubtful.
f). That the investigation of the case is complete and the petitioner is no more required for the purpose of investigation and the trial of the case has not yet been commenced. Keeping in view the law and authoritative pronouncements of the Honourable Superior Court, the petitioner cannot be kept in jail for an indefinite period and the bail cannot be withheld as punishment in advance.
g). That there are contradictions in the statements of the prosecution witnesses. There is no direct or indirect independent and trust worthy evidence with the prosecution to connect the petitioner with the commission of alleged offence. The prosecution story is highly doubtful, un-natural and unbelievable. The petitioner has no concern in any manner whatsoever with alleged offence. In the given situation the petitioner deserves his release on bail from this Honourable Court.
h). That the petitioner is previously non-convicted and is a law abiding citizen and he cannot even think to commit any offence.
i). That there is no apprehension of his absconding away or tampering with the prosecution evidence after the release of the petitioner on bail.
j). That the petitioner is ready to furnish reasonable surety to the entire satisfaction of this Honourable Court.
k). That it is quite in the interest of justice that the petitioner be released on bail till the final decision of the case.
FOR THE FOREGOING HUMBLE SUBMISSIONS,
it is most humbly and respectfully prayed that the petitioner may very graciously be released on bail in the instant case till its final decision, to meet the ends of justice.
PETITIONER
(Adv Muthire)
Advocate High Court,
-Lawyers Chambers, District Courts,
Dated: 3.2.2021
CERTIFICATE:
Certified as per instructions of my client, this is the first bail petition in this case before this Honourable Court.
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COUNSEL
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