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IN THE COURT OF SESSIONS JUDGE,
QUETTA.
Criminal Bail application No. _____/2010.
Sanaullah S/O Ghulam Sarwar,
Caste Waraich,
Presently confined in PS Crime Branch,
Quetta.
Accused/Applicant.
VERSUS.
The State. Respondent.
OFFENCE U/S 9 (b) OF THE CNS ACT, 1997.
APPLICATION U/S 497 Cr.P.C. FOR GRANT OF
BAIL.
The accused/ applicant respectfully submits as
under:-
2. That in pursuant of report submitted by one IP/SHO
Ishaq Ali PS Crime Branch Quetta, an FIR No.02/2010, has been
registered with PS Crimes Branch Quetta on 18-01-2010, with
the averments that a spy information has been received that
accused Sanaullah is dealing in business of narcotics at Mitta
Chowk Pashtoonabad, on this information a raiding party under
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the supervision of complainant was constituted and reached at
Mitta Chowk near Mehmood bridge at 05:00 p.m. on the
pointation of informer a persons was overpowered at Mehmood
Hotel, who disclosed his name as Sanaullah S/O Ghulam
Sarwar. Search of the accused was conducted and from the
personal search of accused opium and Charas were recovered,
which were weighed and found to be 900 and 260 Grams
respectively, beside the narcotics an amount of Rs.650 was
also recovered, and also a TT pistol alongwith five live
cartridges were recovered. 5/5 grams from opium and charas
were separated for analysis, and sealed in parcel, hence the
instant FIR was lodged. Copy of the FIR is attached as
Annexure “A”.
3. That the accused/ applicant has committed no
offence whatsoever in nature nor any recovery as alleged by
the prosecution has been recovered from the accused, hence
instant bail application is being filed on the following inter alia
amongst other grounds:-
GROUNDS.
A. That the accused/ applicant is innocent, he has
committed no offence whatsoever in nature,
therefore, he is entitled for grant of bail.
B. That the only recovery to the extent of TT pistol
from the accused has been effected from the
accused, which was handed over to him by the
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licence holder of the same, who had gone for his
personal work and handed over the pistol to the
accused/applicant, as such, the accused/applicant
having a temporary possession of the same was
arrested by the police authorities, but when it was
disclosed to the police authorities that the pistol is a
licensed one, therefore, the police authorities
demanded for illegal gratification, but the accused
on refusal of paying illegal gratification, as firstly
arrested and later on foisted a false case of recovery
of alleged narcotics, therefore, the case of the
prosecution is based on malafidies and personal
vendetta, as such, on this ground either the
accused/applicant is entitled for grant of bail before
arrest.
C. That the case against the accused/ applicant is a
case of no evidence. The prosecution has failed to
collect any incriminating evidence against the
applicant to connect him with the commission of
offence, therefore, he is entitled for grant of bail.
D. That the alleged place of incident is situated in a
thickly populated area, the police authorities failed
to associate any independent witness during the
alleged raid thereby violating of provision of 103
Cr.P.C, hence the applicant is entitled for grant of
bail.
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E. That the FIR has been registered without any
positive report/ analysis of the suspected material,
hence a serious doubt has been created in the case
of prosecution, therefore, the accused/ applicant is
entitled for grant of bail.
F. That the alleged recovery has been effected at
about 8:00, whereas the report has also been made
at the same time by the complainant, which shows
that report has been prepared prior to the incident
and also manifests the malafide from the part of
police, as such, he is entitled for grant of bail.
G. That the applicant is permanent resident of Quetta
and he is ready to furnish solvent bail bonds, if
admitted to bail.
It is, therefore, respectfully prayed that the accused/
applicant may kindly be admitted to bail, in the interest of
justice.
Dated.23-01-2010. Accused/Applicant
Through counsel.
CERTIFICATE.
It is certified, that prior to filing instant bail
application, no application for grant of bail has been filed in any
other Court of law of law.
Counsel for applicant.
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IN THE COURT OF SESSIONS JUDGE,
QUETTA.
Criminal Bail application No. _____/2010.
Sanaullah S/O Ghulam Sarwar,
Caste Waraich, resident of Khushal Road,
Quetta.
Presently confined in PS Crime Branch,
Quetta.
Accused/Applicant.
VERSUS.
The State. Respondent.
OFFENCE U/S 13 (E) OF THE CNS ACT, 1997.
APPLICATION U/S 497 Cr.P.C. FOR GRANT OF
BAIL.
The accused/ applicant respectfully submits as
under:-
1. That in pursuant of report submitted by one IP/SHO
Ishaq Ali PS Crime Branch Quetta, an FIR No.03/2010, has been
registered with PS Crimes Branch Quetta on 18-01-2010, with
the averments that a spy information has been received that
accused Sanaullah is dealing in business of narcotics at Mitta
Chowk Pashtoonabad, on this information a raiding party under
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the supervision of complainant was constituted and reached at
Mitta Chowk near Mehmood bridge at 08:00 p.m. on the
pointation of informer a persons was overpowered at Mehmood
Hotel, who disclosed his name as Sanaullah S/O Ghulam
Sarwar. Search of the accused was conducted and from the
personal search of accused beside narcotics one TT pistol
alongwith five live cartridges were recovered. It has further
been allege that at the spot the accused failed to produce
permit or license in respect of alleged pistol, hence the instant
FIR was lodged. Copy of the FIR is attached as Annexure “A”.
3. That the accused/ applicant has committed no
offence whatsoever in nature, hence instant bail application is
being filed on the following inter alia amongst other grounds:-
GROUNDS.
A. That the accused/ applicant is innocent, he has
committed no offence whatsoever in nature,
therefore, he is entitled for grant of bail.
H. That the TT pistol recovered from the accused is a
licensed one, and the same was temporarily handed
over to him by the original license holder, who was
also present at the spot, but had just left for his
personal work, meanwhile the accused was arrested
by the police authorities, who were told in respect of
the license and also about the license holder,
therefore, the police authorities demanded for illegal
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gratification, but the accused on refusal of paying
illegal gratification, as firstly arrested and later on
foisted a false case of recovery of alleged narcotics,
therefore, the case of the prosecution is based on
malafidies and personal vendetta, as such, on this
ground either the accused/applicant is entitled for
grant of bail before arrest.
I. That the case against the accused/ applicant is a
case of no evidence. The prosecution has failed to
collect any incriminating evidence against the
applicant to connect him with the commission of
offence, therefore, he is entitled for grant of bail.
J. That the alleged place of incident is situated in a
thickly populated area, the police authorities failed
to associate any independent witness during the
alleged raid thereby violating of provision of 103
Cr.P.C, hence the applicant is entitled for grant of
bail, rather the same were deliberately not
associated as they would disclose and bring on
record the original fact, as such, on this course
alone the accused/applicant is entitled for grant of
bail.
K. That the FIR has been registered without any
positive report/ analysis of the suspected material,
hence a serious doubt has been created in the case
of prosecution, therefore, the accused/ applicant is
entitled for grant of bail.
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L. That the alleged recovery has been effected at
about 8:00, whereas the report has also been made
at the same time by the complainant, which shows
that report has been prepared prior to the incident
and also manifests the malafide from the part of
police, as such, he is entitled for grant of bail.
M. That the applicant is permanent resident of Quetta
and he is ready to furnish solvent bail bonds, if
admitted to bail.
It is, therefore, respectfully prayed that the accused/
applicant may kindly be admitted to bail, in the interest of
justice.
Dated.23-01-2010. Accused/Applicant
Through counsel.
CERTIFICATE.
It is certified, that prior to filing instant bail
application, no application for grant of bail has been filed in any
other Court of law of law.
Counsel for applicant.
