IN THE COURT OF JUDICIAL MAGISTRATE LAHORE PS FAISAL TOWN Lahore.

BA . No. ______________________________________ 2010

1. Sayeed Abdul Saqi S/o Sayeed Abdul Bari R/o House No 43 Block 6/B-1 Town Ship Lahore .

Petitioner

Vs
The State Respondent Case FIR No. PS 398/2009 Dated: 14-06-2009

FAISAL TOWN Lahore . 489-F PPC Lahore

Offence Under Section District:

_________________________________ Petition Under Section 497 CR PC for the Grant of Post-arrest Bail
Respectfully Sheweth:
1. That the present petitioner has arrested in the above titles case has

been register at the instance of Muhammad Riaz the complainant at the police station FAISAL TOWN Lahore and presently in the judicial
lockup.

2. That the according to the contents of the FIR, the petitioner and complaint were in the business of cement in the course of business petitioner give two cheques of Rs.450000/- which on presented before the bank dishonored. And again promised that the petitioner will return his money but refused to pay back. 3. That the petitioner is quite innocent. The allegation is absolutely false baseless, concocted and based upon malafied intention of the complainant, and the FIR was lodged with malafied intension with

convenience of local police the petitioner has nothing to do with alleged occurrence. 4. That the petitioner seeks pre-arrest bail inter alia on the following:

GROUNDS a. That actually the cheque was never given dishonestly, actually the business terminologies are such like that the complaint give the petitioner an amount in advance and after that the sacks were delivered to the complaint where he was working in his name on various places there who received the sacks of cement his workers signed on the receipts and received the sacks and used it but unfortunately then the business of the petitioner become weak the complaint started to demand some security for his balance amount which the petitioner have to return in shape of sacks of cement thereafter in the month of December 2008 petitioner issued a cheque to the complaint for the sake of security and after that the petitioner regularly send the complaint the sacks of cement which his workers signed on receipt and receive the building material i.e cement but known the complaint got a malice in his mind where as only few thousand rupees are remain unpaid all the copies of receipts ad khatas is attached with the plaint. b. That the petitioner has been involved in this case with malafide intention and ulterior motives just to humiliate harass and black-mail him. c. That there is unexplained delay of 3 months in lodging FIR which clarify that malafied intention of Complainant how the story of FIR is prepared. d. That the offence mentioned in the FIR does not fall under the prohibitory clause of Section 497 Cr. P.C. e. That the petitioner is previously non-convicted and belong to respectable families of the locality, if the petitioner is not released on bail, he will be humiliated. f. That a cheque which was subsequently dishonored would not constitute an offence u/s 489-F PPC, unless same was issued dishonestly and for repayment of cheque and its dishonest dishonoring could not be determined at bail sage. Just for the purpose of keeping accused in jail without any further investigation bail could not be refused when no further investigation was to be made. This is a case of further enquiry. g. That there is no apprehension of the petitioner abscondence of tampering with the prosecution evidence in case, if the petitioner is admitted to bail.

h. That the offence under section 489-F is does not fall within the prohibitory clause of section 497 CR.P.C and the maximum punishment is three years. i. That the transaction between the accused and the complaint is one of business dealing which make this case of a civil nature which provided evidence to proof the real facts of the case are still pending to proof. j. That where the business transactions are admitted between the parties the court can allow the bail to accused. k. That the petitioner has no concern in any manner whatsoever with the concerned allegation just to harass the petitioner whereas they have no concern with aligated offence levied on the petitioner and the petitioner is ready to furnish the surety bound for the satisfaction of this honorable court.

Prayer
It is therefore, respectfully prayed that this petition may kindly be accepted and petitioners may kindly be admitted to post-arrest bail till the final decision of this case.

Petitioner

Through

Muhammad Kamran saddiquie Advocate High Court

Zahid Law Associates 2nd Floor Nawa-I-Waqt Building Shahra-e- Fatima Jinnah Lahore

IN THE COURT OF JUDICIAL MAGISTRATE LAHORE PS FAISAL TOWN Lahore.

Sayeed Abdul Saqi
Petitioner

Vs
The State Respondent Case FIR No. PS 398/2009 Dated: 14-06-2009

FAISAL TOWN Lahore . 489-F PPC Lahore

Offence Under Section District:

Petition Under Section 497 CR PC for the Grant of Post-arrest Bail

INDEX
Sr.No. 1. 2. 3. Description of documents Bail Application Copy of FIR Power of Attorney Annexure Pages 1 to 3 5 6

Petitioner
Through

Muhammad Kamran saddiquie Advocate High Court

Zahid Law Associates 2nd Floor Nawa-I-Waqt Building Shahra-e- Fatima Jinnah Lahore.