IN THE COURT OF LEARNED SESSIONS JUDGE,
RAWALPINDI.
Chaudry Asad Mubarak S/o Chaudry
Shafiq Mubarak Resident of House No. 200 Street No.500, Block V , Satellite Town Rawalpindi, Rawalpindi, at
present confined in Central Jail, Adyala Rawalpindi.
Petitioner
…………………
Versus
The
State ………………
Respondent....................
IN CASE FIR NO.655 DATED 06.01.2014 UNDER
SECTIONS 489F Registered with PS NEW TOWN Rawalpindi.
PETITION UNDER SECTION 497.
Cr. PC
FOR BAIL AFTER ARREST.
Respectfully Sheweth,
1.
That the Petitioner has
falsely and maliciously been involved by the complainant party in league with local
police, in the instant case, although the petitioner is quite innocent.
2.
That the allegation levelled
against the Petitioner is to have committed the alleged offence, which
allegation is false, baseless and the Petitioner has nothing to do with the
commission of alleged offence.
3.
That infact the said cheque
was never ever given for encashment, rather the same was given by the
Petitioner as a guarantee to produce the said accused Chaudry Muhammad Ali S/o Chaud Muhmmad Sadiq of case FIR No. 542/14,
PS Bani and as per commitment the complainant was under an obligation to return
the said cheque back to the Petitioner after the arrest of said Chaudry Muhammad Ali , but the complainant instead of
returning the said cheque to the petitioner retained the same with him with
malafide intention and for ulterior motives, which fact is found correct during the investigation so conducted by the Police of PS
Bani in case FIR No.542 dated 21.02.2014 regarding vehicle in question and
consequently the petitioner was found innocent. Copy of the FIR and challan of said
case is Annexed herewith.
4.
That as per contents of the
FIR and factual position stated above, Section 489F PPC is not attracted at all
and in the light of the dictum of the
Apex court of the country, which fact makes the case of the petitioner one of
further inquiry / probe into the matter, entitling the petitioner to the
concession of bail.
5.
That the investigation of
the case is complete and the person of the Petitioner is no more required for
investigation or any other such like purpose.
6.
That the maximum punishment
provided for the offence is not as such which could attract the prohibitory
provision of section 497 Cr. PC.
7. That the Petitioner is respectable, law abiding citizen,
previously non convict and the petitioner can not imagine even to commit such
like offence. In case the petitioner is remained behind the bars he would
suffer irreparable loss to his liberty and reputation.
8. That in the above captioned case the Petitioner has applied for
bail after arrest before the Learned Judicial Magistrate, which was declined
vide order dated 12.10.2014, hence instant petition before this honourable
court.
9. That the Petitioner is ready to furnish adequate surety to the
entire satisfaction of this Honourable Court, if admitted to bail.
10. That there is no apprehension of the abscondence of the
Petitioner or tampering with prosecution evidence, if the Petitioner is
released on bail.
It is, therefore,
respectfully prayed that the instant petition may kindly be accepted and the Petitioner
may very graciously be enlarged on bail till final decision of the case.
Petitioner,
Through:-
( Name of Advocate / Lawyer)
Advocate High Court.
Note:
That as per information received from the
client (the Petitioner). This is 1st bail petition for bail after
arrest, ever moved before this Honourable court and no any other bail petition
of the Petitioner is pending adjudication before any other court of law, in the
instant case.
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