IN THE COURT OF JUDICIAL MAGISTRATE XVII KARACHI (EAST)

Case No. 1056/2010 Ali Gohar S/O Mahmood Khan, By Caste Jamli, Muslim, Adult, Resident of Kishwar Heights, Near Metrological Department, University Road, Karachi. (Presently Confined in Central Prison) . . . . . . . . . . . . . . . . . . Accused/Applicant

VERSUS
THE STATE FIR No. 391/2010 Offence U/S 363, 34 PPC Police Station: Gulistane Johar (Karachi East).

Cr. BAIL APPLICATION U/S 497 Cr.P.C

It is respectfully prayed on behalf of the Applicant/Accused that this Honurable Court may graciously be pleased to release him on bail taking in to consideration the following facts and grounds.

FACTS
The brief facts of the case are as under:The brief facts of the case are that the complainant Junaid Akbar, lodged the FIR at Police station Gulistane Johar, stating there in that he is a student and is the resident of Sun View Arcade, Gulisstane Johar Karachi. On dated 27-7-2010 the younger brother of the complainant namely Moosa Khan aged about 10 Years, went out of his flat for playing but didnt return home. The complainant come out in search of his brother and inquired from kids on that one namely Shah Rukh told that watchmen Ali Gohar (The Present Accused/Applicant) used to help the kids to provide them the Patakhas. The complainant tried to fiend the
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watchmen but failed to do so. After that the complainant along with his uncle was coming to the Police Station Gulistane Johar, one the way at Kamran Chowrangi, when they saw the police party comprising SI Nadeem Iqbal and others; complainant narrated the whole story to them. The Police Party after hearing the story drove towards the flat of the complainant. On the way to the flat of the complainant Gulistane Johar Block 14/5 central road, near Mehfil Restaurant the complainant saw Present Accused/Applicant along with his brother were together and were going towards a White Alto; complainant told the police and police drove their mobile towards the Accused/Applicant. On the identification of complainant arrested the present accused/applicant but the other co-accused were sitting in the Alto care wee fled away. The present Accused/Applicant told his name as Ali Gohar S/O Mahmood Khan, by caste Jamali. From his personal search police recovered on 30 caliber; TT Pistol with 3 live rounds, one LG cell Phone. The present Accused/Applicant told the police that the previous watchmen of the said building namely Fazal Jamali, Siddique Banglani, and Rahmat Jamalie made the plan to abduct the sone of Ghulam Akkbar and acordign that plan the present Accused/ Applicant brought Moosa to handover to them. The Police party arrested the present Accused/Applicant and lodged the FIR No. 391 U/S 365, 34 PPC; and the case was challned. Hence this bail application on the consideration of following grounds:-

GROUNDS
1. That the Applicant/Accused is absolutely innocent and has nothing to do with the commission of alleged offence, while he has falsely been implicated by the Complainant/Police. 2. That there is un-explained delay of Six hours between occurrence of incident and the lodging of FIR. 3. That the present Accused/Applicant was arrested on 27-7-2010, since then he is behind the bars.

4. The applicant/Accused is poor, flood affected person, he came to Karachi to earn his livelihood for himself and for his family; but he was falsely been implicated in the present case. 5. That neither the present applicant/Accused was identified in the identification parade nor was the same carried out by any court. 6. The alleged offence not punishable with imprisonment of 10 years or more and it isnt fall within in the prohibitory clause of 497 Cr.P.C 7. There is nothing on record that the accused is either a previous convict, habitual or hardened desperate or dangerous criminal (Relied upon 1998, M.L.D 1184). 8. That there is no apprehension that in case of bail the Applicant/Accused will abscond or suborn the prosecution witness. 9. That it is settled law from the Apex Courts that first Bail then Jail, hence before proving guilt every accused in innocent according to the same logic Applicant/Accused seeks grace of Bail. 10. That the case of the Accused/Applicant is one of further inquiry and the Accused/Applicant with join the investigation. 11. That the Accused/Applicant is ready to furnish the solvent surety to the entire satisfaction of this Honorable Court. 12. That more grounds will be furnished at the time of the arguments of the case. Considering the above facts and grounds, it is respectfully prayed that this Honorable Court may graciously be pleased to grant the Application for Bail till the final decision of the case in the interest of Justice. Applicant Through

Hyder Bux Shar Advocate High Court, HC 1293

Nazir Hussain Shar Advocate High Court HC

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