IN THE COURT OF SESSIONS JUDGE DISTRICT SOUTH-KARACHI
Crl: Bail Application No. of 2023
Muzafar Ali Rind Baloch
S/o
B/c Rind Baloch
R/o Makrani Paro, Kotri,
District Jamshoro………….…………………….……………...Applicant
V E R S U S
The State ………………………………………….………….....Respondent.
Crime No. 69/2023
U/s 489-F P.P.C
P.S City Court.
APPLICATION UNDER SECTION 498 Cr.P.C.
It is prayed on behalf the applicants/accused named above that this Honourable Court may kindly be pleased to admit the applicants/accused to pre-arrest bail, in the above mentioned crime and offences, as the applicant/accused apprehend his arrest, disgrace, maltreatment, insult and humiliation at the hands of Police, who is bent upon to arrest them with malafide intention and to have caused him unjustified harassment with ulterior motives, on the consideration of the following facts and grounds:-
F A C T S
Brief facts of the prosecution case are that I am working as legal Advisor of Telenor Bank, a person namely Muzafar Ali has obtained loan from the our bank who has been paying the installment but now stopped to pay the installment as such bank is becoming in loss on that I along with recovery officer went to Muzafar Ali Rind house and asked him to pay the installment so Muzafar Rind issued a cheque of his post account cheque bearing number 00368219 of amount 65007 on dated 15-04-2023 of Telenor microfinance bank so such cheque was deposited for clearance and transferring at HBL City Court Bank on dated 19-04-2023 same cheque got bounced so such facts were told Muzafar Ali Rind that your cheque has been bounced so he pretended but refused to pay, today I appear and complain against the Muzafar Ali Rind s/o Anwar Ali who issued me a bounced cheque fraudulently.
After lodgment of FIR the Police conducting continuously raid upon the accused house, hence this pre-arrest bail before this honorable court on the following grounds:.
G R O U N D S
1. That the applicant/accused innocent and he has been booked in this false FIR by the complainant.
2. That there is no reasonable ground to believe that the applicant/accused has committed the alleged offence for which they have been charged.
3. That the fact is applicant/accused obtained loan of
100000/- (one lac rupees) on dated 05-11-2018 from the
Telenor microfinance Kotri, subsequently he paid five
installments of Rs.7223/- (Seven Thousands two hundred
twenty three rupees) and total sum of Rs.36115 (thirty six
thousands one hundred fifteen rupees), thereafter the
bank shifted their branch to some other location since
than and during covid-19 no any notice or intimation
either have been received by the applicant from the
company and recently some days ago applicant
received intimation that FIR has been lodged against him.
4. That complainant concealed the facts neither the
cheque issued by the applicant nor he visited the house
of complainant, but same cheque belongs to the
microfinance company itself, which is supposed to
obtained as gurantee/surety by the microfinance
company, that shows the malafide intention on the part
of the complainant.
5. That as per complainant same cheque is dishonoured in
his account, however complainant is not competent to
deposit the cheque for clearing the same in his account
because if company is claiming same how individual is
entitle to receive and clearing the cheque.
6. That it is relevant to mentioned that microfinance institution is not deemed to be banking company according to microfinance institution ordinance 2001, so after four years company awaken from the sleep but in illegal method, neither the complainant approached properly to the applicant/accused nor the cheque was issued by the applicant but same cheque including others lying with microfinance bank as surety nothing else.
7. That it is relevant to mentioned here that cheque is issued as surety by accused but the complainant mis-used the same even though accused is always ready for the installments when ever microfinance required but the illegal method has been adopted by the complainant even though for recovery of loans remedy is available to file suit for recovery rather to adapt illegal tactics beside that applicant comes with clean hands before the honourable court.
8. That it is well settled law that if the accused is otherwise
entitled for bail on merits, his bail can not be withheld on
the basis of nature of the case and that he is involved in a
heinous offence.
9. That the offence does not comes in the prohibitory
clause of 497, even though contents of FIR does not attract with section 489-F.
10. That neither there are features of the applicant/accused
in the FIR nor there is any roles to any of the accused in
commission of offence, therefore, the case requires further inquiry.
11. That applicant/accused is not a previous convict.
12. That under the circumstances as submitted above the
case against the applicant is one which requires further
nquiry.
13. That the applicant/accused would not abscond away
rather they will prove their innocence before the Court at
the time of trial of the case.
14. That all the witnesses are hostile to the
applicants/accused as such there is no question of
tampering the prosecution evidence.
15. That the above named applicant/accused is ready to furnish solvent surety to the entire satisfaction of this Honourable Court.
Karachi A D V O C A T E
DATED. 24.06.2023. FOR APPLICANT/ACCUSED.
IN THE COURT OF SESSIONS JUDGE DISTRICT SOUTH-KARACHI
Crl: Bail Application No. of 2023
Muzafar Ali Rindh Baloch.…………..……………………….…Applicant.
V E R S U S
The State ………………………………… …………………....Respondent
A F F I D A V I T
I,Muzafar Ali Rind S/o Anwar Ali B/c Khaskheli R/o Makrani Paro Kotri, District Jamshoro, do hereby state on oath as under:-
1. That I am applicant/accused in the above protective bail application as such am well conversant with the contents of bail application.
2. That I am innocent and have no concern with the alleged offence but I have been roped in the above case with malafide intention of complainant.
3. That the concerned police is bent upon to arrest me at the instance of complainant party and the police has raided at my house certain time in order to disgrace humiliate me.
4. That this affidavit has been treated as part and parcel of my bail application.
Whatever stated above is true and correct to the best of my knowledge and belief.
D E P O N E N T
Identified by me
Karachi A D V O C A T E
DATED. 24.06.2023. FOR APPLICANT/ACCUSED.
COMMISSIONER FOR TAKING AFFIDAVIT.
IN THE COURT OF SESSIONS JUDGE DISTRICT SOUTH-KARACHI
Crl: Bail Application No. of 2023
Muzafar Ali Rindh Baloch.…………..……………………….…Applicant.
V E R S U S
The State ………………………………… …………………....Respondent
CERTIFICATE
In view of order dated 22.01.2014 passed by honorable supreme court of pakistan in Cr. Revision No 8l/2013 Nazer Ahmed And Others v/s state I certify that this is first application except this no other bail application has been filed before this honorable court on behalf of the applicants accused in the above mentioned crime in case the facts mentioned above, in case the certificate is found incorrect I shall be personally held responsible with all its consequences.
Karachi
DATED. 24.06.2023. ADVOCATE FOR APPLICANT/ACCUSED.
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