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IN THE LAHORE HIGH COURT, LAHORE.
Crl. Misc.No.___________/CB/2014.
- Muhammad Saeed S/O Muhammad Daud R/O Ayya-Pur, Tehsil Shariqpur, District Sheikhupura.
…….Petitioner
VERSUS
- The State.
- Jamil Ahmad,
- Naveed Ahmad both sons of Muhammad Saeed R/o Ayya-Pur, Tehsil Shariqpur, Distric Sheikhupura.
….…Respondents
| CASE FIR NO: | 546/2014, Dated; 12.08.2014 |
| OFFENCE U/S: | 452/379,337/A1,337/F1,148/149 |
337A(ii), 337F(v) subsequently addedPOLICE STATION:Shariqpur Sharif District Sheikhupura.
PETITION U/S 497(5) Cr.P.C. FOR THE CANCELLATION OF BAIL OF RESPONDENT NO.2 & 3.
HUMBLY SHEWETH:
- That on 11.08.2014 at 12:00 PM Respondent No.2&3 alongwith Atif, Ahsan Tafail & one unknown person were stealing bricks before the gate of the petitioner on intervention Respondent No.2 & 3 & other accused became annoyed & started beating to the petitioner meanwhile Muneer Ahmed s/o Muhammad Sharif who is closed relative to the petitioner & Hussnain S/o Muhammad Sharif reached there. The respondentNo.2/ accused Atif took the pistol out from his folder. The petitioner, Muneer Ahmed & Hussnain entered into the house of the petitioner & closed the gate all the accused jumped the walls & entered into the house of the petitioner, accused Atif beated at the left ear of Muneer Ahmed with the pistol who severely injured, accuse Jamil broke the little finger of left hand of the petitioner beating with brick, accuse of Jamil/respondent No.2 secondly beat with brick at right cheek of the petitioner accused Naveed/Respondent. No.3 beat with the iron rod at the right arm of the Muneer Ahmed while accused Ehsan Tufail beat with brick at the right hand of the Muneer Ahmed for detail prosecution story copy of FIR is attached as ……“A”.
- That the injured persons were examined on the same day on 11.08.2014 at DHQ Hospital Sheikhupura where the injury No. 1 of the injured Muneer Ahmed s/o Muneer Sharif & Injury No.1&3 of Injured petitioner/Muhammad Saeed were kept under observation & referred to Services Hospital Lahore, for X-ray where as per radiologist Report No.5795 & 5796 injury No.1 of the injured Muneer Ahmed was declared as “it falls under section 337/A2” & injury No.3 of the inured Muhammad Saeed/petitioner was declared as “as per radiologist report 5792 & 5794 there is fracture shaught of 5th MC left hand therefore injury No.3 fall under section 337/F5”. Therefore offences under section 337/A2&337/F5 were added subsequently. Later on the Respondent No.2/Jamil Ahmad submitted an application during the pendency of bail petition before learned ASJ Ferozwala, for addition of the offence 337/F5 which was subsequently added. Copy of MLCs of injured Munir Ahmed & Jaml Din are attached as ……“B & B/1” respectively.
- That the respondent No.2&3 alongwith others filed their pre-arrest bail applications before the learned Aqib Nazeer ASJ Ferozwala during the pendency of bail petition the Respondent No.2/Jamil Ahmad filed an application before learned ASJ Ferozwala, for permission of addition of offence under section 337/F5 in his bail petition while he concealed the fact of addition of offence 337/A2 PPC there. Now it is crystal clear that the addition of offences 337/A2 & 337/F5 was in well knowledge of the respondents/accsed. The learned ASJ Ferozwala, Aqib Nazeer dismiss the bail petition vide order dated 30.10.2014. Copy of bail application with order & application for addition of offences 337/A2 & 337/F5 are attached as ……“C&C/1 respectively”.
- That after on Respondents No.2&3 alongwith other co-accused filed the Crl.Misc.No.14991-B/2014 before Honourable Lahore High Court Lahore with concealment of true facts excluding the not bailable offences 337/A2&F5 PPC to achieve the undue favour of this Honourable Court while during the pendency of pre-arrest bail application of respondent No.2&3 alongwith other co-accused the respondent No.2/Jamil Ahmad submitted his own application before Learned ASJ Ferozwala to him for addition of offences under section 337/F5 PPC which was added subsequently while suppressing the offences under section 337/A2 which was moreover subsequently added now it is crystal clear the addition of offences under section 337/A2&F5 PPC were in well knowledge of the respondent No.2&3 who concealed the same while applying their pre-arrest bail petition before this Hounourable Court. His Lordship Justice Altaf Ibrahim Qurashi accepted the bail petition of Respondent No.2&3 (which was filed with concealment of facts) in case FIR No. 546/2014 in offences under section 452,379,337/A1 337/F1 148/149 PPC vide order dated 17.11.2014. Copy of order dated 17.11.2014 is attached as Annexure…….“D”.
- That the impugned order Dated: 17.11.2014 is liable to be cancelled on the amongst others.
G R O U N D S :
- That the Crl.Misc.No.14991-B/2014 was filed before this Honourable Court concealing the true & real facts of the above said case excluding the not bailable offences under section 337/A2&F5 PPC.
- That it is crystal clear as discussed above addition of offences under section 337/F5&A2 PPC was in well knowledge of Respondent No.2. The Respondent No.2 filed an application before learned ASJ Ferozwala for addition of offences under section 337/F5 during the pendency of bail petition before Learned ASJ Ferozwala, after on while applying for pre_arrest before this Honourable Court, the Respondent No.2&3 concealed these not bailable offences deliberately to achieve the undue favour of this Honourable Court.
- That the Respondent No.2&3 committed lurking house tress pass & inflicted severe injuries to the petitioner & other injured Muneer Ahmed which are attributed to the Respondent No.2&3.
- That the Respondent No.2&3 were moreover declared guilty during the course of investigation.
- That the respondent No.2&3 concealed the real & true facts deliberately therefore they are not entitled for concession of extraordinary relief of pre-arrest bail hence the order dated 17.11.2014, is liable to be cancelled in supreme interest of justice.
- That such like elements, who cheat with this Honourable Courts with concealment of true & real facts be dealt with strict hands to secure the ends of Justice.
- That since after the confirmation of pre-arrest bails, Respondent No.2&3 with the connivance of 2 other accused persons started to threaten the petitioner approximately dire consequences & moreover pressurised the petitioner to withdraw the case.
It is, therefore, respectfully prayed that this petition may kindly be accepted & the order dated 17.11.2014 may kindly be recalled and bail already granted to the Respondents No. 2 & 3 may kindly be cancelled in supreme interest of justice & fare play.
PETITIONER
Through:
(Muhammad Nisar Malik)
Advocates High Court
C.C.No.P-LH-00000
Office : Umar Arcade Jain
Mandir Stop, Lahore.
NOTE:
As per instructions, this is first petition on the subject matter & Crl.Misc.No.14491-B/2014 may kindly be put up with this petition
ADVOCATE
IN THE LAHORE HIGH COURT, LAHORE.
CRL. MISC.NO.___________/CB/2014.
Muhammad Saeed VERSUS The State etc.
PETITION U/S 497(5) Cr.P.C. FOR THE CANCELLATION OF BAIL OF RESPONDENT NO.2 & 3.
AFFIDAVIT.
Of Muhammad Saeed S/O Muhammad Daud R/O Ayya-Pur, Tehsil Shariqpur, District Sheikhupura.
- That on 11.08.2014 at 12:00 PM Respondent No.2&3 alongwith Atif, Ahsan Tafail & one unknown person were stealing bricks before the gate of the petitioner on intervention Respondent No.2 & 3 & other accused became annoyed & started beating to the petitioner meanwhile Muneer Ahmed s/o Muhammad Sharif who is closed relative to the petitioner & Hussnain S/o Muhammad Sharif reached there. The respondentNo.2/ accused Atif took the pistol out from his folder. The petitioner, Muneer Ahmed & Hussnain entered into the house of the petitioner & closed the gate all the accused jumped the walls & entered into the house of the petitioner, accused Atif beated at the left ear of Muneer Ahmed with the pistol who severely injured, accuse Jamil broke the little finger of left hand of the petitioner beating with brick, accuse of Jamil/respondent No.2 secondly beat with brick at right cheek of the petitioner accused Naveed/Respondent. No.3 beat with the iron rod at the right arm of the Muneer Ahmed while accused Ehsan Tufail beat with brick at the right hand of the Muneer Ahmed for detail prosecution story copy of FIR is attached as ……“A”.
- That the injured persons were examined on the same day on 11.08.2014 at DHQ Hospital Sheikhupura where the injury No. 1 of the injured Muneer Ahmed s/o Muneer Sharif & Injury No.1&3 of Injured petitioner/Muhammad Saeed were kept under observation & referred to Services Hospital Lahore, for X-ray where as per radiologist Report No.5795 & 5796 injury No.1 of the injured Muneer Ahmed was declared as “it falls under section 337/A2” & injury No.3 of the inured Muhammad Saeed/petitioner was declared as “as per radiologist report 5792 & 5794 there is fracture shaught of 5th MC left hand therefore injury No.3 fall under section 337/F5”. Therefore offences under section 337/A2&337/F5 were added subsequently. Later on the Respondent No.2/Jamil Ahmad submitted an application during the pendency of bail petition before learned ASJ Ferozwala, for addition of the offence 337/F5 which was subsequently added. Copy of MLCs of injured Munir Ahmed & Jaml Din are attached as ……“B & B/1” respectively.
- That the respondent No.2&3 alongwith others filed their pre-arrest bail applications before the learned Aqib Nazeer ASJ Ferozwala during the pendency of bail petition the Respondent No.2/Jamil Ahmad filed an application before learned ASJ Ferozwala, for permission of addition of offence under section 337/F5 in his bail petition while he concealed the fact of addition of offence 337/A2 PPC there. Now it is crystal clear that the addition of offences 337/A2 & 337/F5 was in well knowledge of the respondents/accsed. The learned ASJ Ferozwala, Aqib Nazeer dismiss the bail petition vide order dated 30.10.2014. Copy of bail application with order & application for addition of offences 337/A2 & 337/F5 are attached as ……“C&C/1 respectively”.
- That after on Respondents No.2&3 alongwith other co-accused filed the Crl.Misc.No.14991-B/2014 before Honourable Lahore high Court Lahore with concealment of true facts excluding the not bailable offences 337/A2&F5 PPC to achieve the undue favour of this Honourable Court while during the pendency of pre-arrest bail application of respondent No.2&3 alongwith other co-accused the respondent No.2/Jamil Ahmad submitted his own application before Learned ASJ Ferozwala to him for addition of offences under section 337/F5 PPC which was added subsequently while suppressing the offences under section 337/A2 which was moreover subsequently added now it is crystal clear the addition of offences under section 337/A2&F5 PPC were in well knowledge of the respondent No.2&3 who concealed the same while applying their pre-arrest bail petition before this Hounourable Court. His Lordship Mr. Justice Altaf Ibrahim Qurashi accepted the bail petition of Respondent No.2&3 (which was filed with concealment of facts) in case FIR No. 546/2014 in offences under section 452,379,337/A1 337/F1 148/149 PPC vide order dated 17.11.2014. Copy of order dated 17.11.2014 is attached as ……“D”.
- That the impugned order Dated: 17.11.2014 is liable to be cancelled on the amongst others.
G R O U N D S :
- That the Crl.Misc.No.14991-B/2014 was filed before this Honourable Court concealing the true & real facts of the above said case excluding the not bailable offences under section 337/A2&F5 PPC.
- That it is crystal clear as discussed above addition of offences under section 337/F5&A2 PPC was in well knowledge of Respondent No.2. The Respondent No.2 filed an application before learned ASJ Ferozwala for addition of offences under section 337/F5 during the pendency of bail petition before Learned ASJ Ferozwala, after on while applying for pre_arrest before this Honourable Court, the Respondent No.2&3 concealed these not bailable offences deliberately to achieve the undue favour of this Honourable Court.
- That the Respondent No.2&3 committed lurking house tress pass & inflicted severe injuries to the petitioner & other injured Muneer Ahmed which are attributed to the Respondent No.2&3.
- That the Respondent No.2&3 were moreover declared guilty during the course of investigation.
- That the respondent No.2&3 concealed the real & true facts deliberately therefore they are not entitled for concession of extraordinary relief of pre-arrest bail hence the order dated 17.11.2014, is liable to be cancelled in supreme interest of justice.
- That such like elements, who cheat with this Honourable Courts with concealment of true & real facts be dealt with strict hands to secure the ends of Justice.
- That since after the confirmation of pre-arrest bails, Respondent No.2&3 with the connivance of 2 other accused persons started to threaten the petitioner approximately dire consequences & moreover pressurised the petitioner to withdraw the case.
VERIFICATION:-
Verified upon oath at Lahore at this 16th day of December 2014, that the contents of affidavit are true & correct to the best of my knowledge & belief & nothing has been concealed therefrom.
Deponent
IN THE LAHORE HIGH COURT , LAHORE.
C.M.NO.____________/2014.
IN
Crl.Misc. NO. ________________-CB/2014.
Muhammad Saeed VERSUS The State etc.
PETITION U/S 561-A Cr.P.C. FOR DISPENSATION.
Respectfully Sheweth:
That the petitioner has filed un-certified yet true copies of some of the annexures to which the petitioner undertakes to produce & place on record as & when directed by this Honourable Court.
It is, therefore, respectfully prayed that production of certified copies of annexures may please be dispensed with for the time being for just decision of the case.
PETITIONER
THROUGH COUNSEL
(Muhammad Nisar Malik)
Advocates High Court
C.C.No.P-LH-00000
Office :Umar Arcade Jain
Mandir Stop, Lahore.
IN THE LAHORE HIGH COURT, LAHORE.
C.M.NO.____________/2014.
IN
Crl.Misc. NO. ________________-B/2014.
Muhammad Saeed VERSUS The State
etc.
PETITION U/S 561-A Cr.P.C. FOR DISPENSATION.
Affidavit
I, Muhammad Saeed S/O Muhammad Daud R/O Ayya-Pur, Tehsil Shariqpur, District Sheikhupura, do hereby solemnly affirm & declare as under,
- That contents of the accompanying petition are true & correct & may kindly be considered as an integral part of this affidavit.
DEPONENT.
VERIFICATOIN:-
Verified upon oath at Lahore at this 18th day of December 2014 that contents of the affidavit are true & correct & nothing has been concealed therefrom.
DEPONENT.
IN THE LAHORE HIGH COURT, LAHORE.
Crl. Misc.No._________/CB/2014
Muhammad Saeed VERSUS The State etc.
INDEX
| Sr. #. | Description of Documents | Annex. |
Dated
Page01Petition 1 to 502Affidavit. 6 to 1003Copy of FIR.“A” 1104Copy of MLCs of Munir Ahmad & Muhammad Saeed.“B&B/1” 12 to 1305Copy of bail application with order & application for addition of offences 337/A2 & 337/F5.
“C & C/1” 06Copy of Bail application in case FIR No.546/14 with order dated 17.11.2014.“D” 07Power of attorney
PETITIONER
Through:
(Muhammad Nisar Malik)
Advocates High Court
C.C.No.P-LH-00000
Office : Umar Arcade Jain
Mandi Stop, Lahore
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