IN THE COURT OF DISTRICT AND SESSION JUDGE, SOUTH AT KARACHI.
Cr. Bail Before Arrest Appl. No. / 2009
1. Shaikh
Muhammad Shakeel
S/o Shaikh Abdul Salam, Muslim, Adult,
R/o H.No. C-137, North Nazimabad,
Block-A, Karachi.
2. Yasir S/o
Abdul Shakoor,
Muslim, Adult, R/o H.No. C-5,
Plot SAB, Katchi Memon Society,
Karachi--------------------------------------------Applicants
/ Accused
The
State ------------------------------------------------------------Respondent.
FIR
No. 491 / 2009.
U/S
56, 66, 66 (A) 74
of
Pakistan Copy Right
Ordinance.
P.S. Garden.
U/S 498 Cr.P.C.
It is respectfully prayed on behalf of the applicants abovenamed that
this Hon’ble Court may graciously be pleased to enlarge him on bail before
arrest, on the consideration of following facts and grounds:
FACTS
Brief
facts of the case narrated by the complainant namely Arshad Saeed Khan S/o
Saeedullah Khan are that he is
residing at above mentioned address and working in a Premier Corporation since last 24/25 years and the above mentioned
accused persons committed the offence cognizable U/s 56/66/66.A/74 PPC
Ordinance 1962, by selling WAGNER OIL 2nd hand in the name of
complainant’s company at inside Shops No. 17-3, KMC-21, Market, Garden,
Karachi. The complainant reported the matter at police station for legal
action.
According to the contents of FIR, the offence against the accused person
abovenamed falls 66/66-(A)/71 of Copy Right Ordinance 1962, hence this bail
before arrest application on the following grounds:
GROUNDS
1.
That the applicants are innocent and falsely implicated in this case
with malafide intention and ulterior motives, as they did not committed any
offence.
2.
That
there is huge delay between 2006 to 2009 and no explanation by the complainant
has been given to the prosecution, hence case needs further inquiry.
3.
That the applicants are only shopkeepers and not the manufacturers and
due to their detention, their families shall suffer irreparable losses.
4.
That the complainant is not competent to lodge the FIR against the
applicants.
5.
That no
any witnesses mentioned in the FIR, who saw the applicants to commit such
offence.
6.
That applicants are not charged in the case, which falls within
prohibitory clause of section 497 (II) Cr.P.C.
7.
That all the allegations against the applicants are false and fabricated and the complainant falsely
implicated just to rivalry / enmity between them and for the purpose of the
blackmailing.
8.
That the complainant lodged the case against the Applicants on malafide intentions and ulterior motives, just to
blackmail, harass and humiliate the applicants
in the eyes of society, relatives and mohallah peoples.
9.
That as stated above there is business rivalry / dispute between the
parties, therefore in such circumstances instant case
need further inquiry and the applicants are entitle for grant of pre-arrest
bail by this Hon’ble Court.
10.
That offence above mentioned does not fall under the prohibitory clause
of Section 497 Cr.P.C. and bail in such cases shall be granted as a rule.
11.
That the applicants are neither hardened criminal nor absconder and
permanent resident of Karachi, hence there is no probability of the accused
persons of being absconder, or to exercise of commission of crime.
12.
That the illaqa police is raiding at the houses as well as shops of the
applicants repeatedly in order to arrest them falsely in this case they will be
arrested, then they will be humiliated, tortured and disgraced by the police
and their respect in the society will be lowered.
13.
That there is no chance of the applicants to temper with the witnesses.
14.
That the applicants are ready to furnish the solvent surety for the
satisfaction of this Hon’ble Court.
15.
That the applicants crave leave to add further grounds at the time of
hearing of this pre arrest bail application.
PRAYER
In the light of above facts and grounds it is respectfully prayed on
behalf of the applicants abovenamed that this Hon’ble Court may graciously be pleased to grant bail before arrest to the applicants, on
the consideration of foregoing facts and grounds, in the larger interest of justice.
Karachi:
IN THE COURT OF DISTRICT AND SESSION JUDGE, SOUTH AT KARACHI.
Shaikh
Muhammad Shakeel
&
another------------------------------------------------Applicants / Accused
VERSUS
The
State ------------------------------------------------------------Respondent.
FIR
No. 491 / 2009.
U/S
56, 66, 66 (A) 74
of
Pakistan Copy Right
Ordinance.
P.S. Garden.
AFFIDAVIT
I, Yasir S/o Abdul Shakoor, Muslim, Adult, R/o Karachi do hereby state on Oath as under:-
1.
That I am one of the
applicant in the above matter as such am fully conversant with the facts of the
case.
2.
That the main application
for the grant of bail before arrest has been drafted under my instructions and
the same may be treated as part and parcel of this affidavit and for the sake
of brevity, the same have not been reproduce in this affidavit.
3. That I say that from the contents of FIR and circumstances as stated above no case is made out and the said case has been malafidely registered only to insult the applicants through the hands of the police in collusion with the complainant and there is no bar to grant bail in the alike cases.
4. That I say that due to the reasons stated hereinabove as well as in the main application, it is submitted that Illaqa Police is continuously raiding at our houses and there is imminent apprehension about our arrest in this false case and police is dancing at the fingers of complainant and if we will be arrested in this false case that would adversely affect my honour, dignity and reputation causing irreparable loss to me.
5. That whatsoever has been stated above is true and correct to the best of my knowledge as well as upon the information’s of my counsel which I belief to be true.
Karachi:
Dated: -09-2009
D E P O N E N T
The deponent is identified by me.
A D V O C
A T E
Sworn before me on Oath at Karachi on this ___ day of September, 2008 by the deponent abovenamed, who is identified to me by Mr. Irfan Hyder Jaffri Advocate, who is known to me personally.
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