IN THE COURT OF __JUDICIAL MAGISTRATE

EAST AT KARACHI
CR. BAIL APPLICATION NO. /2022

Dawood Khan S/O Sher Agha

MUSLIM, ADULT, RESIDENT OF
KARACHI, PRESENTLY CONFINED IN
Judicial Custody,
KARACHI ……………………………………………………… APPLICANT/ACCUSED

V E R S U S

THE STATE …………………………………………………………………… RESPONDENT

FIR NO.157/2022
U/S: 381/34 PPC
P.S. Sohrab Goth

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

It is most respectfully prayed on
behalf of the applicant/accused above named
that this Honourable Court may kindly be
pleased to enlarge the above named applicant/
accused on bail, on the consideration of the
following facts and grounds:-

F A C T S

Brief facts of the prosecution story are

that on 14.02.2022 at 1950 hours complainant
Liaquat Ali Cheema S/o Sultan Muhammad Cheema R/o
Katchi Abadi, Lasi Goth, Karachi, lodged FIR at
P.S. Sohrab Goth, alleging therein as under: -

I reside at above address mentioned in

column No.2 of FIR and a contractor by profession.
At my shop, (1) Muhammad Rafiq S/o. Not Known,
Shahid Bhatti S/o. Not Known and 3. Dawood Khan
S/o. Sher Agha used to work and taken stuff
towards side and used to get back. On 10-01-2022,
I went to my village Rahimyar Khan, Punjab and on
20-01-2020 when I returned back to my shop I found
two iron cutting machines were missing. I
contacted with the above named persons but they
could not reply satisfactory and kept avoiding.
Now I have come for report. I claim against above
named accused persons for committing theft of two
iron cutting machines from my shop. Action may be
taken. Report heard to be correct.
Police Action: I, ASI, Akhter Hussain verify the
contents of above report reduced in writing word
by word as stated by complainant, read over to
complainant who verified it and signed on it in
English. From the contents of report Section
381/34 PPC is made out, hence, case is registered
against accused persons above named. Investigation
will be conducted by SIO. Copies of FIR be
distributed accordingly.

After registration of FIR applicant/

accused has been arrested on 12-03-2022 at 0045
hours, investigation has been completed and the
applicant/accused is in Judicial Custody and no
more required for further investigation. Hence
this bail application has been submitted on the
following grounds:-

G R O U N D S

1. That the applicant/accused is innocent and has

falsely been implicated in this case by the
complainant with malafide intention and
ulterior motives.

2. That according to the prosecution story the

alleged incident took place on 20.01.2022,
while the FIR was lodged on 14.02.2022, after
 unexplained and inordinate delay of 25 days,
which makes the prosecution story is doubtful
and benefit of doubt always goes in favour of
the applicant/accused at any stage of the
case, even at bail stage.

3. That the applicant/accused has no any concern

with the alleged offence, and the allegations
in FIR are general in nature and no any
specific role is attributed to the applicant/
accused, hence, the matter requires further
inquiry and entitles the applicant/ accused
for concession of bail.

4. That there is no any eyewitness of the

incident and the complainant has involved the
present applicant/ accused in this case on the
basis of suspicion, which also requires
further inquiry.

5. That nothing has been recovered from the

possession of applicant/ accused at the time
of his arrest, therefore, he is entitled for
concession of bail.

6. That the alleged offence does not fall within

the prohibitory clause of section 497 Cr.P.C.
It is settled principle of law and held in
1995 PLD S.C. 34, that in such like cases
where alleged offence does not fall within the
prohibitory clause the bail is rule and
refusal is an exception.

7. That there is no reasonable ground is

existence to believe that the present
applicant/accused has committed the alleged
offence. The applicant/accused is no hardened
criminal, disparate and there is no likelihood
 of his absconding, if he is released on pre-
arrest bail by this Honourable Court.

8. That it is settled principle of law that in

such like cases the bail is a right a its
refusal is an exception, therefore, the
applicant / accused is entitled for the bail.

9. That it is cardinal principle of criminal

justice that the applicant/accused is to be
presumed innocent, till he is proved guilty
and in absence of material and evidence of
independent witness, applicant/accused can not
be presumed guilty of alleged offence.

10. That the applicant/ accused would be in better

position to defend his case and prove his
innocence if he is released on bail by this
Hon’ble Court.

11. That the applicant/accused is resident of

Karachi, there is no chance of his absconding.

12. That the applicant/accused is ready to furnish

solvent surety for the entire satisfaction of
this Honourable Court.

13. That the other grounds will be argued at the

time of hearing of this bail application with
the kind permission of this Honourable Court.

Malir,
DATED: __.03.2022 ADVOCATE FOR
APPLICANT/ACCUSED
 IN THE COURT OF __JUDICIAL MAGISTRATE
EAST AT KARACHI
CR. BAIL APPLICATION NO. /2022

Dawood Khan …………………………………………… APPLICANT/ACCUSED

V E R S U S

THE STATE …………………………………………………………………… RESPONDENT

FIR NO.157/2022
U/S: 381/34 PPC
P.S. Sohrab Goth

CERTIFICATE

This is first bail application for

applicant/ accused and prior to this no bail is
filed or pending before any court of law.

Malir,
Dated: ___-03-2022 ADVOCATE FOR
APPLICANT/ ACCUSED