THE COURT OF SESSIONS JUDGE, DISTRICT GUJRANWALA.

Bail Application No. 2023

1. MUHAMMAD TAYYAB S/O MUHAMMAD ARIF CASTE BHATTI R/O, GILL NOAD, HAMEED COLONY
TEHSIL & DISTRICT GUJRANWALA,

2. ABDUL MOEEZ S/O MUHAMMAD ARIF CASTE BHATTI R/O, GILL ROAD, HAMEED COLONY TEHSIL &
DISTRICT GUJRANWALA

and Aid 3. MUHAMMAD AKRAM S/O AHMED DEEN CASTE BHATTI R/O, GILL ROAD TEHSIL & DISTRICT
GUJRANWALA.

4. TAYYAB TARIQ S/O TARIQ MEHMOOD CASTE BHATTI R/O, LINK SUI GAS ROAD, MOHALLA GUJJAR
CHOWK TEHSIL & DISTRICT GUJRANWALA

PETITIONERS

VERSUS

1. THE STATE.

2. HAMZA AJMAL BUTT 5/0 MUHAMMAD AJMAL BUTT R/O GALI DEPOWALI, GILL ROAD GUJRANWALA.

CASE FOR NO.

1524/23 DATED 04-10-2023

RESPONDENTS
OFFENCE U/S POLICE STATION

506-8 PPC. CIVIL LINES, DISTRICT GUJRANWALA.

PETITION UNDER SECTION 498 Cr.P.C. FOR GRANT OF PRE- ARERST BAIL TO THE PETITIONER

Respectfully Sheweth: -

1 The complainant filed a crime report under FIR No. 1524/23 at the Civil Lines Police Station, alleging
that the motive behind the accusation was a prior dispute or quarrel between both parties. For further
detail, (Copy of the FIR is attached.)

2. That the petitioners are not nominated in FIR, also they have no concers with the allege occurrence.
FIR which is based upon malafide, ensuing hos ulter mathiest implicating the petitioners and their whole
famile in the alleged occurrence.

That the complainant has lodged the above referred crime report, FIR which is based upon malafide,
ensuing his ulterior motives in implicating the petitioners and their whole family in the alleged
occurrence. The petitioners have imminent apprehension of his arrest in the above noted FIR hence, the
petitioners seek the pre-arrest ball, inter alia on the following:

GROUNDS

That the prosecution's case as spelt out in the FIR is based on concealment of facts which bears no nexus
with reality:

That the Said FIR is lodged with the delay of 3 days in lodging the FIR is un-explained and it is settled law
that the delay in lodging F.I.R. must be explained by the complainant plausibly, if complainant, had failed
to furnish the circumstances beyond his control or any sound justification in that regard is not given, the
allegations leveled in F.I.R. could be presumed to be the result of deliberation, negotiation, discussion
and an afterthought, which brings the case of the present petitioners within the ambit of further inquiry,
entitling them for the relief claimed for.

That the law is of bail not jail. It is settled that the accused is always considered a favorite child of law
unless any negative inference can be drawn which is conspicuous in view of the crime report. That the
concept of pre-arrest bail is to protect the accused from frivolous/trumped up charges, which are fully
present in the present matter The Supreme Court of Pakistan in Cri. Petition No.537 of 2021 decided on
06.09.2021 has held that denial of liberty of a person is a serious step in law therefore, the courts must
apply judicial mind with deep thought for reaching a fair and proper conclusion It was further held that
the word "further inquiry has wide connotation Interpretation of Criminal Law requires that the same
should be interpreted in a way that rectifying the object and must not beconstrued in a way substantial
justice cannot be done. That the case of the petitioner is of further inquiry and squarely falls within the
ambit of Section 497(2) of Cr.P.C. 1898, entitling him for the ad-interim bail as per law.

d. That the petitioner has no concern with the alleged offence and their involvement as allegedly made
by the complainant through lodging of the FIR is illegal and is oblivious to the facts and circumstances of
the case.

e.

That the story narrated by the complainant has not been accepted by the investigating

officer rather he has given his own version of the alleged incident which makes thio

case is of two versions and therefore, makes it a case of further inquiry Reliance is

placed upon 2012 SCMR 1137.

That there is no legal, cogent, concrete, confidence inspiring evidence available on record to connect the
present petitioners with the alleged occurrence.

12 That in a reported judgment PLD 1989.55 347 re "Meeran Bux vs State" it has been held that the
merits of the case can also be touched upon for the decision of a pre-arrest hal. That the malafides can
also be assessed by the court itself. Reliance is placed upon PLD 1998 SC 17 re Ajmal Khan vs Liaqat
Hayat, PLD 2017 SC 730, 2017 SCMB 206

h.

That the petitioners are law abiding citizen and has no history in connection with the commission of the
alleged offence.
That the petitioners are innocent in this case. The local police in connivance with the complainant wants
to arrest the petitioner. The arrest of the petitioner will cause irreparable loss to the honor of the
innocent petitioner.

That the petitioners are respectable citizen and having good repute in the public at large and if the pre-
arrest bail of the petitioner is not admitted, the petitioner would be humiliated at the hands of the
police who is in league with the complainant.

That every accused is presumed to be innocent until proven guilty by the court of

competent jurisdiction. The bail cannot be withheld as punishment as in the light of the reported case
2011 SCMR 161, even for the purpose of the bail the law does not favour the prosecution, as it has also
been held in the reported case as 2015 MLD 165"you can let go hundred guilty but cannot punish one
innocent

That there is no apprehension to abscond and tamper with the prosecution evidence while granting the
pre-arrest bail to the petitioners.

m. That the Petitioners are persons of clear antecedents and have no previous criminal record.

n. That the petitioners are ready to furnish surety bonds for the masentire satisfaction of this
Honourable Court.

PRAYER

In view of the submissions made above, it is most humbly prayed that the instant petition may kindly be
accepted, and pre-arrest bail may kindly be granted to the petitioners till the final decision of the main
case.

It is further prayed that ad-interim pre-arrest bail may very kindly be granted to the petitioners.

PETITIONERS
Through

Muhamad Azeem masood

Advocate high Court

0301-2345693

Syed Muhammad Husnain Ali Shah

Advocaet High Court

Athesham Hassan Khikhar

Advocate High court

CERTIFICATE

As per instructions this is first Pre-Arrest bail Petition before this Honourable court on the subject matter.

ADVOCATE