IN THE LAHORE HIGH COURT, LAHORE.

Crl.Misc. No.______________/2024

Haris son of Sagheer Butt resident of Street No.5, near Jhallaran Wali
Masjid, Jorray Pull, Lahore.

PETITIONER
VERSUS
1. THE STATE
2. Shazia Nasreen W/O Muhammad Tanveer Butt resident of A-Block,
Al-faisal Town, Ameer ud din Park, Lahore.
RESPONDENT

CASE FIR NO: 5264/2023 Dated:20.10.2023

OFFENCE U/S: 377-B PPC
POLICE STATION: North Cantt, Lahore.
***
APPLICATION UNDER SECTION 498 CR.P.C. FOR THE

GRANT OF PRE-ARREST BAIL.

***

Respectfully sheweth:-

1. That the allegations leveled in the FIR are false, frivolous,

baseless and concocted one. That initially the FIR was registered

U/S 506/B, 354 PPC but later on during the course of

investigation both these offences were deleted and Offence U/S

377/B PPC was added. For detailed prosecution story, copy of

FIR is attached as ANNEXURE-A.

2. That the petitioner filed his pre-arrest bail before the learned

Sessions Judge, Lahore which was entrusted to the learned ASJ,

Lahore. That the learned ASJ dismissed the bail of the petitioner

vide order dated: 29.03.2024. Copies of the bail petition and

order dated: 29.03.2024 are attached herewith as Annexure-B

& C.

3. That earlier the petitioner filed his pre-arrest bail which was

dismissed due to non-prosecution vide order dated: 29.02.2024.

Copies of the first bail petition and order dated: 29.02.2024 are

attached herewith for kind perusal of the honorable court as

ANNEXURE-D & E.

4. That the petitioner being quite innocent, surrenders himself

before the Honourable court and seeks his pre-arrest bail inter-

alia on the following:-

GROUNDS

a) That the petitioner is absolutely innocent and has falsely been

implicated in this false case with mala fide intention, by the

complainant, with active connivance of the local police.

b) That the contents of the said FIR does not disclose the

commission of the alleged offence as even according to

contents of the FIR, there is no element of entrustment which

shows that the alleged offence is not constituted.

c) That the complaint just to tease, harass, humiliate and blackmail

the petitioner for ulterior motives, concocted a false story,

lodged the above false criminal case by joining hands with local

police and involved the petitioner, only due to his being brother

of the co-accused, which needs further probe and inquiry,

entitling the petitioner for concession of bail as a matter of

right.

d) That no such occurrence ever took place. There is un-explained

delay in lodging the FIR which makes the prosecution story

highly doubtful, fabricated, after thought and due consultation.

That no date and time of occurrence is mentioned in the FIR.

e) That there is no direct or indirect material available with the

prosecution to connect the petitioner with the commission of

the alleged offence.

f) That the petitioner could not appear before the honorable court

in proceedings of his earlier bail petition as he was suffering

from high fever and was unable to walk.

g) That the local police is chasing the petitioner for his imminent

arrest, if he is arrested, he will be humiliated in the eye of

relatives, friends and society.

h) That the petitioner is previously non-convicted and is clean

antecedent in his character and role.

i) That there is no apprehension of the petitioner’s absconding or

tampering with the prosecution evidence.

j) That the petitioner is ready to join the investigation when and

where required.

k) That the other grounds available to the petitioner shall be

submitted at the time of arguments.

l) That the petitioner is ready to furnish surety to the entire

satisfaction of this Honourable court for his personal

appearance in this Honourable court and even during trial.

PRAYER:-Under these circumstances, it is, therefore, most respectfully

prayed that the instant application may kindly be accepted and

petitioner be allowed pre-arrest bail till the final decision of case.

It is further prayed that ad-interim bail may kindly be granted in

favour of petitioner till the final disposal of instant application.

PETITIONER
Through:

FARRUKH AMIN RANA MOHSIN QAMAR

RANA Advocate High Court,
Advocate High Court
CNIC No.34502-0942798-3 CNIC NO.34102-0694966-3
Cell:0321-4111767 Cell No.0345-2112900

SHAKEEL AHMAD JOIYA MUNEEB

AKBAR CHEEMA Advocate High Court
Advocate High Court
Dated:02.04.2024
CERTIFICATE
As per instructions this is 1st petition on the subject before this
Honourable court
ADVOCATE
IN THE LAHORE HIGH COURT, LAHORE.

Crl.Misc.No.______________/2024

IN RE: Haris….VS….The State.

(APPLICATION UNDER SECTION 498 Cr.P.C. FOR THE GRANT OF PRE-

ARREST BAIL.)

***
AFFIDAVIT

Of Haris son of Sagheer Butt resident of Street No.5, near Jhallaran

Wali Masjid, Jorray Pull, Lahore.
I, the above named deponent do hereby solemnly affirm and

declare as under:-

1. That the allegations leveled in the FIR are false, frivolous,

baseless and concocted one. That initially the FIR was registered

U/S 506/B, 354 PPC but later on during the course of

investigation both these offences were deleted and Offence U/S

377/B PPC was added. For detailed prosecution story, copy of

FIR is attached as ANNEXURE-A.

2. That the petitioner filed his pre-arrest bail before the learned

Sessions Judge, Lahore which was entrusted to the learned ASJ,

Lahore. That the learned ASJ dismissed the bail of the petitioner

vide order dated: 29.03.2024. Copies of the bail petition and

order dated: 29.03.2024 are attached herewith as Annexure-B &

C.

3. That earlier the petitioner filed his pre-arrest bail which was

dismissed due to non-prosecution vide order dated: 29.02.2024.

Copies of the first bail petition and order dated: 29.02.2024 are

attached herewith for kind perusal of the honorable court as

ANNEXURE-D & E.

4. That the petitioner being quite innocent, surrenders himself

before the Honourable court and seeks his pre-arrest bail inter-

alia on the following:-

GROUNDS

a) That the petitioner is absolutely innocent and has falsely

been implicated in this false case with mala fide intention, by

the complainant, with active connivance of the local police.

b) That the contents of the said FIR does not disclose the

commission of the alleged offence as even according to

contents of the FIR, there is no element of entrustment which

shows that the alleged offence is not constituted.

c) That the complaint just to tease, harass, humiliate and

blackmail the petitioner for ulterior motives, concocted a

false story, lodged the above false criminal case by joining

hands with local police and involved the petitioner, only due
to his being brother of the co-accused, which needs further

probe and inquiry, entitling the petitioner for concession of

bail as a matter of right.

d) That no such occurrence ever took place. There is un-

explained delay in lodging the FIR which makes the

prosecution story highly doubtful, fabricated, after thought

and due consultation. That no date and time of occurrence is

mentioned in the FIR.

e) That there is no direct or indirect material available with the

prosecution to connect the petitioner with the commission of

the alleged offence.

f) That the petitioner could not appear before the honorable

court in proceedings of his earlier bail petition as he was

suffering from high fever and was unable to walk.

g) That the local police is chasing the petitioner for his imminent

arrest, if he is arrested, he will be humiliated in the eye of

relatives, friends and society.

h) That the petitioner is previously non-convicted and is clean

antecedent in his character and role.

i) That there is no apprehension of the petitioner’s absconding

or tampering with the prosecution evidence.

j) That the petitioner is ready to join the investigation when and

where required.

k) That the other grounds available to the petitioner shall be

submitted at the time of arguments.

l) That the petitioner is ready to furnish surety to the entire

satisfaction of this Honourable court for his personal

appearance in this Honourable court and even during trial.

That the contents of this affidavit are correct and true to the
best of my knowledge and belief and nothing has been concealed
therein.

DEPONENT
VERIFICATION:
Verified on oath at Lahore on 02.04.2024 that
the contents of this affidavit are correct and true to
the best of my knowledge and belief.

DEPONENT
IN THE LAHORE HIGH COURT, LAHORE.

Crl.Misc.No.____________/B/2024

Haris…..VS….The State etc.

INDEX

Sr.No. DESCRIPTION OF DOCUMENTS Pages

1 Bail Petition along with affidavit

2 Annexure-A (Copy of FIR)

3 Annexure-B (Copy of bail Petition)

4 Annexure-C (Copy of bail dismissing order

dated:29.03.2024)

5 Annexure-D(Copy of bail petition)

6 Annexure-E (order dated:29.02.2024)

Power Of Attorney

PETITIONER

Through:

FARRUKH AMIN RANA MOHSIN

QAMAR RANA Advocate
High Court, Advocate High Court
CNIC No.34502-0942798-3 CNIC NO.34102-0694966-3
Cell:0321-4111767 Cell No.0345-2112900

Dated:02.04.2024