In the court of ____ Judicial Magistrate Central at Karachi

Cr. Misc. Appl.

Mrs. Rahat Ali

W/o. Syed Z. Ali
Muslim, Adult, resident of
2/19, First Floor, Nazimabad No.1,
Karachi………………………………………………..Applicant

Versus

KMC
Through its Director (Encroachment)
Civic Center, Karachi……………………………..Respondent

Application under section 133 Cr.P.C

It is respectfully submitted on behalf of the applicant that this

Honoruable Court may graciously be pleased to pass the order
regarding removal of the barrier and speed breakers in the street
No. A-A-2/18 Nazimabad, Karachi, on the following facts and
grounds:-

Facts:

1) That applicant is law abiding citizen of Pakistan and

she earns livelihood by hard working as chef in Private T.V

channels.

2) That above named defendant along with his brother

who belong to some political have caused nuisance in the

neighborhood / street 1-A, 2/18, Nazimabad, Karachi by

installing illegal barrier and making illegal speed breaker due to

this not only applicant but all the residents of the said street

suffers much problem while ingress and egress in the street or

parking their cars.

3) That on asking the above named defendant regarding

removal of the said nuisance rather the above named defendant

and his brother issued threats for dire consequences and even

ask the applicant whatever do as she like

4) That due to daily ingress and engress from home to

office and similarly from office to home the applicant including

all other residents suffer much problem, thus being compelled

the applicant asked the accused for removal of the said

nuisance, but the accused became furious and issued threats for

dire consequences even to the extent of killing her husband son

and abduction of the daughter of the complainant.

5) That on this situation applicant

6) .submitted an application dated 05.11.2011 to the

respondent No.4 for taking action against the respondent and

removing the nuisance but to no avail.

(Photocopy of the application dated 05.11.2011 is annexed as

at A)

Continued.

Page No.3

7) That applicantagain filed application to the deputy

Inspector General West Range Karachi dated 29.11.2011

regarding removal of the said nuisance and also feel insecure

from the hands of the above named accused in addition this the

accused park their cars in front of the cars of the

applicantdeliberately in order to unveil the daughters of the

applicantand faces much problem while ingress and egress,

moreover the said respondents issued murderous threats for

killing her son and husband.

(Photocopy of the application dated 29.11.2011 is annexed as

at B)

8) That on 11.06.2012 applicantagain filed a complaint

to the Deputy Inspector of Police West Range Karachi for

protection from veiling, Modesty of four walls and Harasment

to the ladies and Danger to the life and property and thereby

raised the points in submission that the above named accused

are sitting in front of the house of the applicantby keeping

chairs, very difficulty is faced while engress and ingress from

the said street and also take movies through mobile phone of

the daughters of the complainant, but to no avail.

(Photocopy of the complaint dated 11.06.2012 is annexed

as at C)

9) That applicantsubmitted complaint to the concerned

SHO that on 11.06.2011 at 2:00 am a by pass rang bell and

informed regarding fire which caught the complianant’s car

bearing No.AUL-688 Model, 2010 no sooner did

applicantopened the bonnet of the car fire flames were breaking

out which was extinguished resultantly Dash Board, and wind

Screen, Battery Engine were damaged due to the malicious and

evil act of the accused above named.

(Photocopy of the application dated 11.06.2012 is annexed as

at D)
10) That after that applicantfiled an Misc. Application

No.636/2012, before the court of District and Session Judge

Central at Karachi, after filing Honourable Judge passed an

order to lodged the FIR against the above named accused

persons and direct to the concerned SHO to record the

statement under section 154 Cr.P.C of the Complainant.

(Photocopy of the Misc. application 636/2012 is annexed

as at E)

Hence this application for cancellation of bail of the

above named accused and re-calling the order dated:

_________ passed by this Honorable Court in the above matter,

on consideration of the following grounds: -

G R O U N D S: -

1) That the facts of the present case does not any way attract

the case of bail as there was clear violation of all principles of

law by the accused which to say the least does not fall within

the category where the discretion of bail was to be exercised.

2) That granting of bail order is patently illegal, erroneous,

and factually incorrect and has resulted in miscarriage of

justice, as the accused is not entitled for bail.

3) That there is sufficient material is available with the

prosecution to connect the accused with commission of crime

thus granting of bail to the accused patently illegal and is liable

to be recalled.

4) That above named accused is hardened and desperate

criminal and not entitled for the concession of bail.

5) That on 17.07.2012 the said accused persons sent some

ghunda element on bikes at the house of the applicantwith duly

fire arms and extended threats for dire consequences, they also

extends threats if the applicantdid not take back her FIR against

the accused persons they will kill to the applicantand her family

members for life, therefore applicant moved an application on

13.08.2012 to the concerned SHO for taking legal action

against the ghunda element and provide

(Photocopy of the application dated 13.08.2012 is annexed as

at F)

6) That after lodging the I.O. of the case record the

statement of the applicantand her witnesses under section 161

Cr.P.C. on dated 23.07.2012, but after recording the statement

the said I.O. did not take any appropriate step against the

accused person, he also used delaying tactics for arresting the

accused persons, it is further submitted the said I.O. did not

submitted challan against the accused person after passing

sufficient time.

(Photocopy of the statement under section 161 Cr.P.C is

annexed as at G)

Continued.
 Page No.6

7) That on 16.08.2012 accused again extend threats for dire

consequences and they also extend threats for killing of life of

her son and husband as well as daughters of the complainant,

they also extend threats that if applicantdid not take back her

complain against the accused they will kidnap to the daughters

of the complainant.

(Photocopy of the application dated 16.08.2012 and receipts

are annexed as at H to H____)

8) That soon after the grant of the bail, the accused

persons are continuously harassing, pressurizing and

threatening the applicantand her family members for

dire consequence as well as killing.

9) That the respondent / accused person above

named extremely misusing the liberty of bail

concession at the first instance they are using other

hands to misguide the witnesses and extended threats

to Applicantof dire consequences as well as to the

prosecution witnesses.

10) That the above named accused is habitual criminal in this

respect reliance is placed upon PLD 1995 Supreme Court Page-
34, Re: Tariq Bashir and 5 others vs. The State, which reads as
under: -

“Section 497, Cr.P.C. divided non-bailable offences into

two categories i.e. (i) offences punishable with death,
imprisonment of life or imprisonment for ten years, and
(ii) offences punishable with imprisonment for less than
 ten years. In non bail able offences falling in the second
category (punishable with imprisonment for less than ten
years) the grant of bail is a rule and refusal is an
exception. So the bail will be declined only in extra-
ordinary and exceptional cases, for example----
Continued.
Page No.7

(a) where there is likelihood of abscondence of the

accused;
(b) where there is apprehension of the accused
tampering with the prosecution evidence;
(c) where there is danger of the offence being repeated
if the accused is released on bail; and
(d) where the accused is a previous convict; (p.40)A

13) Reliance is also placed upon MLD 2008 Page-141.

14) That in view of the authority reported in PLD 1995 (SC)-

34 main ingredients (vi) of the said authority, it is, most

respectfully prayed that this Honorable Court may not be

granted bail to the accused.

15) That there are various other grounds and the same shall

be urged at the time of regular hearing of this application

with the prior permission of the Honorable Court.

PRAYER

In view of the abovementioned facts and circumstances,

it is, therefore, prayed that this Honorable Court may be pleased

to recall order dated: ____________ passed by this Honorable

Court in the above matter and cancel the bail of the above

named accused in the larger interest of justice.

Karachi:
Dated: ADVOCATE FOR COMPLAINANT

IN THE COURT OF ____ ADDITIONAL DISTRICT

AND SESSION JUDGE CENTRAL AT KARACHI
 Session Case No. 636/2012
Bail Appl. No. of 2012

Azeem Siddquie
&
Others…………………………………………………...ACCU
SED

VERSUS

The State……………………………………………
RESPONDENT

Mrs. RahatAli Wife of Syed

Z.Ali……………………………………….…COMPLAINANT

AFFIDAVIT

I, Mrs. Rahat Ali Wife of Syed Z. Ali Muslim, Adult

resident of 1-A2/19, First Floor, Nazimabad, No.1 Karachi, do

hereby state on Oath as under: -

1) That I am Applicantin the above noted matter and

deponent of this affidavit, as such am fully conversant with the

facts of the case.

2) That I say that the accompanying application for the

cancellation of bail is filed by my counsel on my specific

instructions. Contents of the same may be treated as part and

parcel of this affidavit.

Continued.
Page No.2
4) That whatever stated above is true and correct to the best

of my knowledge and belief.

Karachi:
Dated: -08-2012 DEPONENT

The deponent is identified by me to the Commissioner

for taking affidavits.

ADVOCATE

Stated on Oath before me by the deponent abovenamed at

Karachi on this the ___day of August 2012, who is identified to

me by MR. EHSAN ALI RIND, Advocate, who is personally

known to me.

COMMISSIOENR FOR TAKING AFFIDAVITS