IN THE COURT OF DISTRICT & SESSIONS JUDGE SOUTH AT KARACHI

Cr. Misc. Application No. /2023

Mukesh Kumar,

Son of Chettan Das

Hindu, Adult, Resident of Flat No.103,

Bhagdadi Lyari, Gaba Heights, Sheedi

Village Road, Karachi South………………………………………………………….APPLICANT

VERSUS

Devraj,

Son of Harsh

Hindu, Adult, Resident of House NO. 104,

Muhala Patoli Para, Ward-b,

Taluka & District Tando Allahyar, …………………………..……RESPONDENT/ACCUSED

APPLICATION FOR CANCELLATION OF BAIL U/S 497 (5)

Based on the facts and grounds disclosed below, it is most humbly prayed on behalf
of the Applicant that this Honorable Court may be pleased to cancel the bail of
abovementioned accused;

FACTS

Brief facts of the case as narrated in the FIR are that; the complainant is a resident as
mentioned in the column No. 2 of the FIR, through this FIR complainant has given
oral statement, as the complainant Mukesh Kumar S/o Chetan Das has a business of
Medical Store and he has given an amount of 24 lac to Devraj as mentioned in the
FIR for the purpose of business, as it was an oral agreement between them that the
accused has promise to pay interest on the amount, yet he has not given a single pie
for more than 2 months, when the complainant approached the accused for
payment of amount with interest he has executed a cheque of Rupees Twenty Four
lac, cheque bearing No. CA 59517260 dated: 15-08-2022 of Soneri Bank Tano
Allahyar branch and when the complainant presented the same before the Meezan
Bank on 18-08-2022 and the same was dishonored by the bank on 19-08-2022 on
the response of bank the complainant had approached to the Police Station on 16-
01-2023 and through verification by the police the bank manager has informed
about non availability of credit in the account of accused, thus lodge an FIR on the
complaint.

(Copy of FIR is attached herewith as Annexure-A)

GROUNDS

1. That the applicant is law-abiding citizen of Pakistan and residing at the

address mentioned above. Applicant believe in the rule of law and supremacy
of the constitution, which guarantee applicant of all fundamental rights,
privileges enshrined in law of the land.

2. That the accused above named filed bail application under section 497 of
criminal procedure code, through his counsel, seeking post-arrest bail in the
instant case before Honorable XXVth Judicial Magistrate South. The bail was
granted by the Honorable Judge upon a compromise between parties.
(Copy of Bail Order is attached herewith as Annexure-B)

3. That the complainant himself endorsed his no objection to the confirmation

of the bail after arrest granted to accused upon the undertaking of accused to
pay the amount as they settled their dispute on the bail stage. Whereby the
accused has promised through undertaking in the bail and gave amount Rs.
320,000/- (Three lac, twenty thousand rupees) out of total amount, so also
the accused has also agreed to give remaining amount on monthly
installments of 50,000/- on every 1st of Month.
(Copy of such Undertaking and No-Objection are attached herewith as
Annexure-C to C1)

4. That the complainant and accused signed the agreement of settlement upon
the terms and conditions to pay the remaining amount through monthly
installments of 50,000/- on every 1 st of Month. It has also settled in between
the parties that if the accused has failed to do so the complainant will be at
liberty to initiate legal proceedings against the accused.
(Copy of such Compromise Agreement is attached herewith as
Annexure-D)
 5. That the parties settled their dispute through the compromise agreement
and accused following such terms and conditions gave undertaking in the
bail to confirm the same. In this regard, counsel for the complainant has
accorded his no objection to the extent of confirmation of bail. Therefore on
20-04-2023, the bail application was allowed and confirmed on the same
terms and conditions.

6. That it has been two months, the installments remained unpaid, which is
clear violation of order dated 20-04-2023 and terms and conditions settled in
compromise agreement, so also undertaking in the bail application 37 of
2023 before Honorable XXVth Judicial Magistrate South.

7. That the Applicant craves permission to make further arguments at the time
of the hearing.

PRAYER

Therefore, it is most humbly prayed before this Honourable Court that this
Honourable Court:
1. May kindly be pleased to cancel the bail of abovementioned
Accused against the Order dated 20-04-2023 in Criminal
Bail Application No. 37/2022.

2. May kindly grant any other relief that the Court may deem fit.

Karachi

Dated: 21-06-2023

ADVOCATE FOR APPLICANT

 IN THE COURT OF DISTRICT & SESSIONS JUDGE SOUTH AT KARACHI

Cr. Misc. Application No. /2023

Mukesh Kumar,

Son of Chettan Das

Hindu, Adult, Resident of Flat No.103,

Bhagdadi Lyari, Gaba Heights, Sheedi

Village Road, Karachi South………………………………………………………….APPLICANT

VERSUS

Devraj,

Son of Harsh

Hindu, Adult, Resident of House NO. 104,

Muhala Patoli Para, Ward-b,

Taluka & District Tando Allahyar, …………………………..……RESPONDENT/ACCUSED

AFFIDAVIT
I, Mukesh Kumar, Son of Chettan Das, Hindu, Adult, Resident of Flat No.103,
Bhagdadi Lyari, Gaba Heights, Sheedi Village Road, Karachi South, do hereby
state on oath as under:-

1. That, I say that I am the Applicant, deponent of this affidavit and well
conversant with the facts of the case.

2. That, I say that the accompanying Application For Cancellation of Bail

Order Dated: 20-04-2023, has been drafted and filed by my advocate
under my specific instructions.

3. That I say that I have not repeated the contents of accompanying

application, which may be treated as integral part and parcel of this
affidavit, for the sake of brevity.

4. That, whatever sated above is true and correct to the best of my

knowledge, belief and information.

Karachi.

Dated: 21-06-2023 DEPONENT

Cell No: