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Bail Application-High Court

Bail Application-High Court

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Published by Khalid Masood Ghani
Post Arrest Bail in case registred under Section 489-F
Post Arrest Bail in case registred under Section 489-F

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Published by: Khalid Masood Ghani on Sep 13, 2010
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07/19/2011

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Crl. Misc No. _______ B/2010
Zahid Sarfaraz
S/o Karim Bux Caste Dhadyana SayalR/o Chak No 54/W-B, Tehsil & District Vehari. Presently atDistrict Jail Vehari
.
Petitioner…
Versus
1.The State
2.
Muhammad Akram
S/O Khuda Yaar Caste Qais R/oZaheer Abad, Tehsil Malsi District Vehari
. 
Respondents…
F.I. R. No:
158/2010
Dated:
26-06-10 at 11-00 A.M
Occurrence:
29-01-10 at OO-00 A.M
Offence U/S:
489-F P.P.C
P.S
Chab Kalan, Tehsil & District Khanewal.
Date of Arrest
28-06-2010
PETITION UNDER SECTION 497CR.P.C. FOR GRANT OFPOST-ARREST BAIL.
 
Respectfully sheweth:-
1.
 That as per the information provided by the Petitioner,this is the first bail application moved in this Hon’bleCourt on the subject in hand, however, earlier,Applications under abovementioned Sections of Cr.P.Chave been filed with the Court of Additional Session Judge Mianchannu, and in the Court of Learned IlaqaMagistrate Mianchannu, which were respectivelydismissed on 11-08-2010 and 14-07-2010.
IN THE LAHORE HIGH COURT MULTAN BENCH ATMULTAN
 
Copy of the Bail Application and Order dated 11-08-2010 isattached as Annex-A & A-I & Copy of the Bail Applicationand Order dated 14-07-2010 is attached as Annex-B & B-I
2.
 That story of the prosecution according to F.I.R is thatRespondent No 2 lodged a complaint with the contentionthat Petitioner has issued him a cheque amounting to Rs.1,50,000/- as consideration of a car, purchased by thepetitioner from the Respondent No 2, and the same wasgot dishonored for the want of insufficient funds. Hence,this F.I.R.
Certified Copy of the F.I.R No 158/10 dated 26-06-2010 is attached as Annex-C
3.
 The entire story contained in the FIR is false, concocted,malicious and vexatious in nature and has been cookedup by the local Police in collusion with the complainantRespondent No 2 to involve the Petitioner in the instantcase and the Petitioner pray for the Post-arrest bail, interalia, on the following
G R O U N D S
a)
 That Petitioner has never purchased the alleged Carform the Respondent No 2 against the consideration of Rs. 150,000/-, nonetheless, petitioner has exchangedhis car with that of the Respondent No 2 by enteringinto an agreement dated 23-04-2009 wherein it hasbeen agreed by and between the parties that thePetitioner shall additionally pay an amount of Rs.37000/- to the Respondent No 2 out of which Rs. 5000/-were paid at the spot and Rs. 5000/- were agreed to bepaid on 01-05-2009. Remaining Rs. 27000/- wereagreed to be paid in monthly installments of Rs. 2000/-each. It is pertinent to mention here that this fact hasbeen admitted by the Respondent No 2 by making hisstatement dated 04-03-2010 before the I.O P.S Thingidistrict Vehari. Copy of the Agreement dated 23-04-2009 is attached as
Annex-D
 
& Copy of the
 
Comments along with the Statement of Respondent No2 dated 04-03-2010 is attached as
Annex-E
.
 b)
 That according to the story of prosecution asnarrated in F.I.R as well as in the Petition filed beforethe learned Justice of Peace Vehari, the Respondent No2 went to the house of Petitioner Six (6) months agowhereby the Petitioner purchased the alleged Car fromthe Respondent no 2 and Promised to pay the allegedsale amount in next 6 months. It is pertinent tomention here that version of Respondent No 2 camefor the first time on 11-02-2010 when he filed Petitionu/s 22-A before Justice of Peace Vehari. It could,therefore, be said that allegedly the car was purchasedby the Petitioner on 11-08-2009. Thus there was noneed to issue a cheque in favour of Respondent No 2by the Petitioner before the expiry stipulated time. There is also no justification of Respondent No 2’sdemand to return back the said vehecal before the lapsof the agreed period of 6 months. Copy of the Petitiondated 11-02-2010 is attached as
Annex-F.
c)
 That even the I.O, while applying for the Judicialremand of the Petitioner on 07-07-2010 stated that thestory of the Respondent No 2 and circumstances of thecase are doubtful.
d)
 That notwithstanding the facts narrated herein,Petitioner has also made a report on 31-12-2009 beforethe P.S City, Vehari pertaining to the theft of cheque inquestion and has sworn in an affidavit to that effectalso. Copy of the affidavit is attached as
Annex-G.
e)
 That Petitioner has been involved in the instant casewith mala fide intentions to fulfill ulterior motives of Respondent No 2. Respondent No 2 has also tried toinvolve the Petitioner in another case with similaroffence on the complaint of his close relative/familyfriend maintaining that Petitioner has furnished withthe complainant a bogus cheque of someone else.Copy of the Petition before Justice of Peace Malsi isattached as
Annex-H
, Copy of Order dated 15-03-2010

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