23-A (1) A.O

  

IN THE COURT   OF   Vth.     JM AT KARACHI CENTRAL

Bail Application in CASE No.  2680/2013

NAWAZ

Muslim, Minor,

Presently confined in

Youthful Offenders Industrial School,

Karachi.          ………………………….            APPLICANT/ACCUSED

VERSUS

The STATE          …………………………….                      RESPONDENT

FIR No. 83/13

U/S. 23-A (1) A.O.

P.S. New Karachi.

BAIL APPLICATION U/S. 497 CRPC

On behalf of the Applicant, above named, it is respectfully submitted that this Hon’ble Court may be pleased to enlarge him on Bail in consideration of the following facts and grounds: 

BRIEF FACTS

As per an FIR:

“The accused was arrested in FIR #. 82/13, U/S. 353, 324/34 PPC, on personal search recovered one TT Pistol 30 Bore No. 8884 along with loaded magazine Two alive rounds, on recovery of weapon case was registered against applicant/accused U/S. 23-A (1) A.O.

GROUNDS

1.      That the Applicant is quite innocent and falsely implicated in this case and story in this case is false and fabricated by the complainant due to some unknown enmity on non compliance of demanded illegal gratification.

2.      That the applicant was under age about 16 and half years at the time of alleged incident and this case is covered by Juvenile System. It is well settled law that minors are entitled for bail U/S. 497 Cr.P.C, Sindh Children Act 1955  and U/S. 10 Juvenile System Ordinance  2000. The applicant is in jail since his arrest and as per the said Ordinance minor shall be released on bail.

Photocopy of Birth Certificate is attached herewith as annexure “A”.

3.      That the applicant is in jail since more than two months.

4.      That the applicant/accused has been granted bail in main case, dated 22-04-2013, by the Hon’ble 5^th ASJ Karachi Central in Bail Application 239/2013, hence the applicant is entitled for concession of bail.

True Copy of   Bail Order is attached herewith as annexure “B”.

5.      That no incriminating article has been recovered from the alleged accused/applicant and recovery is foisted one due to non compliance of demanded illegal gratification.

6.      That the applicant was arrested in FIR #. 82/13, U/S. 353, 324/34 PPC, by the complainant’s Police party and alleged that the accused started firing after seeing police party who in self defense also started Firing but no one was injured in counter firing which makes all story highly doubtful. Hence, it is a fit case of further probe in the circumstances.

7.      That the all Mashirs of Arrest & Site Plan are not resident of locality/vicinity but the Police Officials, Subordinates while the place of occurrence is well-populated area of the locality and I.O has not said to any independent person to be witness. So there is violation of mandatory provisions section 103 Cr.P.C. 

8.      That investigation has been completed and the challan has been submitted in court already in this case and the applicant no more required for the purpose of investigation.

9.      That the applicant is a peaceful law abiding child/citizen, not a previous convicted nor a hardened criminal and neither he will temper with P.Ws nor will he abscond, as he is permanent resident of Karachi. 

10. That if the accused/applicant is not granted bail he will not be able to defend him properly and he shall be suffered irreparable loss which cannot be measured monetarily and will be humiliated in the eyes of the society.

11. That the applicant/accused is ready to furnish solvent surety to the entire satisfaction of this Hon’ble Court.

12.  That other ground may be argued at the time of hearing of this bail application.

 PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to enlarge him on Bail under the fact and circumstances mentioned above.

Prayed accordingly in the interest of Justice.

Karachi.

Dated: 25/05/13.                                           

S M ZUBAIR

Advocate for the Applicant

23-A (1) A.O

 IN  THE  COURT   OF   1^st. ASJ AT KARACHI WEST

Bail Application in CASE No.  36/2013

Toora

Son of Muhammad,

Muslim, Minor,

Presently confined in

CENTRAL JAIL,

Karachi.          ………………………….            APPLICANT/ACCUSED

VERSUS

The STATE          …………………………….                      RESPONDENT

FIR No. 131/13

U/S. 23-A (1) A.O.

P.S. PEERABAD.

BAIL APPLICATION U/S. 497 CRPC

On behalf of the Applicant, above named, it is respectfully submitted that this Hon’ble Court may be pleased to enlarge him on Bail in consideration of the following facts and grounds: 

BRIEF FACTS

As per an FIR, the complainant stated:

“On 30-3-2013, they were on patrolling duty alongwith sub-ordinates for Search Operation, in the meanwhile at Muslim School, Frontier Colony No. 3, Karachi, on 1700 hrs., accused persons to avoid arrest, with intention to kill, stared firing on police party, on self defence police party fired 50 rounds and arrested 4 accusds, and recovered illicit arms. Hence this case.

GROUNDS

1.       That the Applicant is quite innocent and falsely implicated in this case and story in this case is false and fabricated by the complainant due to show efficiency into the eyes of high officials, and on non compliance of demanded illegal gratification.

2.              That the main accused has been granted bail in main case, by this Hon’ble Court in this above said case, hence the applicant is entitled for concession of bail as a rule of consistency.

3.             That no incriminating article has been recovered from the alleged accused / applicant and recovery is foisted one, the applicant/accused was arrested from his house when he was sleeping at his home, but due to non compliance of demanded illegal gratification.

4.            That as per prosecution, there was a heavy exchange of ineffective firing between police party and accuse persons and as per prosecution version the prosecution has fired 50 rounds but neither any one received bullet injury nor any vehicle/property from both sides hit or damaged and there is no empties recovered or shown in FIR from place of incident. Hence, it is a fit case of further probe in the circumstances.

5.        That no specific role has been assigned by the prosecution in police en-counter, but the alleged accused has been booked  to show efficiency into the eyes of high officials.

6.                 That the all Mashirs of Arrest & Site Plan are not resident of locality/vicinity but the Police Officials, Subordinates while the place of occurrence is well-populated area of the locality and I.O has not said to any independent person to be witness. So there is violation of mandatory provisions section 103 Cr.P.C.

7.      That investigation has been completed and the Challan has been submitted in court already in this case and the applicant no more required for the purpose of investigation

8.         That the applicant is a peaceful law abiding citizen, not a previous convicted nor a hardened criminal and neither he will temper with P.Ws nor will he abscond, as he is permanent resident of Karachi.

9.        That if the accused/applicant is not granted bail he will not be able to defend him properly and he shall be suffered irreparable loss which cannot be measured monetarily and will be humiliated in the eyes of the society.

10.         That the applicant/accused is ready to furnish solvent surety to the entire satisfaction of this Hon’ble Court.

11.          That other ground may be argued at the time of hearing of this bail application.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to enlarge him on Bail under the fact and circumstances mentioned above.

Prayed accordingly in the interest of Justice.

Karachi.

Dated: 25/05/13.                                            

S M ZUBAIR

Advocate for the Applicant