Post Arrest Bail Pleading: IN THE LAHORE HIGH COURT, LAHORE.
Crl. Misc.No.___________/CB/2014.
Muhammad Jamal S/O Daud Ahmad R/O House # 4, Tehsil Sherawalai, District Sheikhupura.
…….Petitioner
VERSUS
• The State.
• Afzaal Ahmad,
• Shakeel Ahmad both sons of Saeed Ahmad R/o Ayya-Pur, Tehsil Shariqpur, Distric Sheikhupura.
….…Respondents
CASE FIR NO: 983/2013, Dated; 23.04.2013
OFFENCE U/S: 452/379,337/A1,337/F1,148/149 337A(ii), 337F(v) subsequently added
POLICE STATION: District Sheikhupura.
PETITION U/S 497(5) Cr.P.C. FOR THE CANCELLATION OF BAIL OF RESPONDENT NO.2 & 3.
Respectable Sheweth:
• That on 25.04.2013 at 12:00 PM Respondent No.2&3 alongwith Atif, Ahsan Tafail and one unknown person were stealing iron rods before the gate of the petitioner on intervention Respondent No.2 & 3 and other accused became annoyed and started beating to the petitioner meanwhile Shabir Iqbal s/o Sharif Mughal who is closed relative to the petitioner and Nazir Hussnain S/o Muhammad Sharif reached there. The respondent No.2/ accused Atif took the pistol out from his folder. The petitioner, Muneer Ahmed and Hussnain entered into the house of the petitioner and closed the gate all the accused jumped the walls and entered into the house of the petitioner, accused Atif beated at the left ear of Muneer Ahmed with the pistol who severely injured, accuse Jamil broke the little finger of left hand of the petitioner beating with brick, accuse of Jamil/respondent No.2 secondly beat with brick at right cheek of the petitioner accused Naveed/Respondent. No.3 beat with the iron rod at the right arm of the Jamil Ahmed while accused Ehsan Tufail beat with brick at the right hand of the Jamil Ahmed for detail prosecution story copy of FIR is attached as Annexure…….“A”.
• That the injured persons were examined on the same day on 11.08.2014 at DHQ Hospital Sheikhupura where the injury No. 1 of the injured Muneer Ahmed s/o Muneer Sharif and Injury No.1&3 of Injured petitioner/Muhammad Saeed were kept under observation and referred to Services Hospital Lahore, for X-ray where as per radiologist Report No.9087 and 4520 injury No.1 of the injured Muneer Ahmed was declared as “it falls under section 337/A2” and injury No.3 of the inured Muhammad Saeed/petitioner was declared as “as per radiologist report 5792 and 5794 there is fracture shaught of 5th MC left hand therefore injury No.3 fall under section 337/F5”. Therefore offences under section 337/A2&337/F5 were added subsequently. Later on the Respondent No.2/Jamil Ahmad submitted an application during the pendency of bail petition before learned ASJ Ferozwala, for addition of the offence 337/F5 which was subsequently added. Copy of MLCs of injured Munir Ahmed and Jaml Din are attached as Annexure…….“B & B/1” respectively.
• That the respondent No.2&3 alongwith others filed their pre-arrest bail applications before the learned Aqib Nazeer ASJ Ferozwala during the pendency of bail petition the Respondent No.2/Jamil Ahmad filed an application before learned ASJ Ferozwala, for permission of addition of offence under section 337/F5 in his bail petition while he concealed the fact of addition of offence 337/A2 PPC there. Now it is crystal clear that the addition of offences 337/A2 & 337/F5 was in well knowledge of the respondents/accsed. The learned ASJ Ferozwala, Aqib Nazeer dismiss the bail petition vide order dated 30.10.2014. Copy of bail application with order and application for addition of offences 337/A2 & 337/F5 are attached as Annexure…….“C&C/1 respectively”.
• That later on Respondents No.2&3 alongwith other co-accused filed the Crl.Misc.No.14991-B/2014 before Honourable Lahore High Court Lahore with concealment of true facts excluding the not bailable offences 337/A2&F5 PPC to achieve the undue favour of this Honourable Court while during the pendency of pre-arrest bail application of respondent No.2&3 alongwith other co-accused the respondent No.2/Jamil Ahmad submitted his own application before Learned ASJ Ferozwala to him for addition of offences under section 337/F5 PPC which was added subsequently while suppressing the offences under section 337/A2 which was also subsequently added now it is crystal clear the addition of offences under section 337/A2&F5 PPC were in well knowledge of the respondent No.2&3 who concealed the same while applying their pre-arrest bail petition before this Hounourable Court. His Lordship Mr. Justice Altaf Ibrahim Qurashi accepted the bail petition of Respondent No.2&3 (which was filed with concealment of facts) in case FIR No. 546/2014 in offences under section 452,379,337/A1 337/F1 148/149 PPC vide order dated 17.11.2014. Copy of order dated 17.11.2014 is attached as Annexure…….“D”.
• That the impugned order Dated: 17.11.2014 is liable to be cancelled on the amongst others.
G R O U N D S :
• That the Crl.Misc.No.14991-B/2014 was filed before this Honourable Court concealing the true and real facts of the above said case excluding the not bailable offences under section 337/A2&F5 PPC.
• That it is crystal clear as discussed above addition of offences under section 337/F5&A2 PPC was in well knowledge of Respondent No.2. The Respondent No.2 filed an application before learned ASJ Ferozwala for addition of offences under section 337/F5 during the pendency of bail petition before Learned ASJ Ferozwala, later on while applying for pre_arrest before this Honourable Court, the Respondent No.2&3 concealed these not bailable offences deliberately to achieve the undue favour of this Honourable Court.
• That the Respondent No.2&3 committed lurking house tress pass and inflicted severe injuries to the petitioner and other injured Muneer Ahmed which are attributed to the Respondent No.2&3.
• That the Respondent No.2&3 were also declared guilty during the course of investigation.
• That the respondent No.2&3 concealed the real and true facts deliberately therefore they are not entitled for concession of extraordinary relief of pre-arrest bail hence the order dated 17.11.2014, is liable to be cancelled in supreme interest of justice.
• That such like elements, who cheat with this Honourable Courts with concealment of true and real facts be dealt with strict hands to secure the ends of Justice.
• That since after the confirmation of pre-arrest bails, Respondent No.2&3 with the connivance of 2 other accused persons started to threaten the petitioner about dire consequences and also pressurised the petitioner to withdraw the case.
It is, therefore, respectfully prayed that this petition may kindly be accepted and the order dated 17.11.2014 may kindly be recalled and bail already granted to the Respondents No. 2 and 3 may kindly be cancelled in supreme interest of justice and fare play.
PETITIONER
Through:
Ch Muhammad Shahid Bhalli
Advocates High Court