IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

Crl. Misc. No. _____________B/2002

1. Sardar Muhammad alias Dara S/o Wali Muhammad

2. Muhammad Nadeem alias Deema S/o Muhammad Ali
Both Arain by caste, R/o Street No. 9, Kot Khadim Ali Shah,
Tehsil & District Sahiwal.
……PETITIONERS

VERSUS
The State. ……RESPONDENT

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

In Case: -
F.I.R. No. 370/2001 Dated: 22.11.2002
U/s: 302/452/148/149 P.P.C.
P.S. Farid Town, Sahiwal.

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 statement of one

Ali Sher. He stated that he along-with his father (Balia),
brother (Abdul Ghani) and one Phoophizad (Muhammad
 Yousuf) was sleeping in his cattle shed, when at about 3:30
a.m. Israr alias Kala armed with gun 12 bore and Shahid alias
Shada armed with 222 rifle, from the roof of the shed, while
Abdul Sattar, Nadeem alias Deema and Abdul Jabbar alias
Bhutto armed with sotas, Dara armed with hatchet all Arain
by caste residents of Street No. 9, Kot Khadim Ali Shah
along-with three unidentified persons emerged in the cattle
shed after breaking the wall. Dara raised lalkara, while Abdul
Sattar, Nadeem, Israr and Shahid caused injuries by their
respective weapons on the person of Balia (father), while on
the interference Dara inflicted injury on the head by hatchet
and Israr inflicted injury by the butt of gun on the thigh of
Abdul Ghani same like Abdul Jabbar injured Muhammad
Yousuf. On the hue and cry and attraction of witnesses to the
spot, the accused persons fled away with their respective
weapons. Both the injured were removed to Civil Hospital,
where the Balia succumbed to injuries. Hence, this F.I.R.,
which is Annex “A” and better copy is Annex “A/1”.

3. That both the petitioners applied for pre-arrest bail, which

was withdrawn on 1.1.2002. The petitioner applied for post-
arrest bail and the same was dismissed vide dated 3.8.2002.
Copy of order is Annex “B”.

4. That the petitioner are entitled for the grant of post-arrest bail
inter-alia on the following: -

GROUNDS

i) That the petitioners are innocent and roped up in the

instant case due to previous enmity and rivalry.

ii) That the case was registered with the connivance of

police and complainant party against the facts.

iii) That during the investigation the complainant party

could not point out and identification in respect of
unidentified accused persons.
iv) That during the investigation, Abdul Jabbar Bhutto,
who was alleged to cause injuries with sota to an eye-
witness, was declared innocent.

v) That during the investigation, the version of the

complainant could not stand upon its legs. The incident
proved to be a free fight between the parties over the
possession of plot.

vi) That it was proved during the investigation that no

weapon was used in the incident and brick pieces were
used between the parties.

vii) That during the investigation, nothing was recovered

from the petitioners.

viii) That as per version of F.I.R., no specific injury is

attributed to the petitioner No. 2.

ix) That as per version of the F.I.R. the petitioner No. 1 has
not caused any injury upon the person of deceased
Balia. The injury attributed to the Petitioner No. 1 is on
the head of Abdul Ghani eye-witness which was
declared as 337A(ii), having a punishment of five
years. Copy of Medico-legal Certificate is Annex “C”.

x) That in the present circumstances it is a case of further

inquiry.

xi) That the petitioners are behind the bars since their
arrest. The investigation of the case is complete and
person of petitioners are no more required by the
police.

xii) That the petitioners are previous non-convict.

In view of the above submissions, it is

respectfully prayed that the bail petition in hand
may please be accepted and the petitioner may
 graciously be blessed with the concession of
post-arrest bail till the final disposal of the case.

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 petition
moved by 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

Sardar Muhammad 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 order dated 3.8.2002. B
5 Copy of Medico-legal Certificate. C
6 Dispensation application.
7 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
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

C.M. No. ____________/2002

In
Crl. Misc. No. _______B/2002

Sardar Muhammad Vs. The State

APPLICATION FOR DISPENSING WITH THE

FILING OF CERTIFIED COPIES OF ANNEXURES.
=========================================

Respectfully Sheweth: -

1. That the above-titled application is being filed before this

Hon’ble Court, the contents of which should be considered as
part & parcel of the main petition.

2. That certified copies of Annexes “ ” are not readily

available. However, uncertified/photo state copies of the same
have been annexed with the petition, which are true copies of
the original documents.
It is, therefore, respectfully prayed that
this Hon’ble court may please dispense with the
filing of aforesaid copies of documents.

APPLICANT,
Dated: __________

Through: -
Hamad 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
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

C.M. No. ____________/2002

In
Crl. Misc. No. 2743/B/2002

Sardar Muhammadetc. Vs. The State

APPLICATION FOR ADDITION OF OFFENCES

Respectfully Sheweth: -

1. That initially the case against the applicants was registered

U/s 302/452/148/149 P.P.C., but during the course of
investigation, offences under sections 337-Aii/337-Aiii and
337-Lii were added by the police.

2. That the applicants were sent to judicial lock-up under the

same offences. At the time of filing the bail application, this
fact was not in the knowledge of the applicants and the
offences U/s 337-Aii/337-Aiii and 337-Lii P.P.C. could not
be added inadvertently.

3. That the lordship Mr. Justice Ch. Iftikhar Hussain allowed

the bail to the applicants vide order dated 27.11.02.
It is, therefore, respectfully prayed that
the offences U/s 337-Aii/337-Aiii and 337-Lii
P.P.C. may please be added in the order/read the
part and parcel of the order dated 27.11.02.

APPLICANTS,
Dated: __________

Through: -
Hamad 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