IN THE COURT OF DISTRICT & SESSIONS JUDGE,

RAWALPINDI

Bail Petition No.__________/B/2022

Muhammad Junaid of Muhammad Sharif Niazi,

permanent resident of Chabba Cheema, Tehsil Wazirabad,
District Gujranwala.
PETITIONER
VERSUS
1. The State.
2. Mazhar Hussain son of Nadir Khan, resident of Lane No.1,
House No.70, Mohallah Dad Khan Colony Chaklala
Scheme 3 Rawalpindi.
RESPONDENTS

FIR No.858/2021 dated 19.09.2021

Offence U/Ss 489-F PPC
Police Station: Cantt., District Rawalpindi

PETITION UNDER SECTION 498 Cr.P.C READ WITH

SECTION 497 Cr.P.C. FOR GRANT OF PRE-
ARREST BAIL TO THE PETITIONER

Respectfully Sheweth:-

1. That the above mentioned FIR was registered at the complaint of

respondent No.2 against the petitioner with false and
frivolous allegations that he issued the cheque and the same
 was dishonoured. For detailed story of prosecution, copy of
the FIR is attached as Annex-A.

2. That the petitioner apprehending imminent danger of his

unjustified arrest at the hands of police seeks kind
indulgence of this learned court for the grant of pre-arrest
bail, inter-alia on the following amongst other:

GROUNDS

a) That the case against the petitioner is wholly false,

frivolous and registered with malafide intention and for

ulterior motives.

b) That the petitioner was doing the business of furniture,

home accessories and has established his show room in

the name and style of Crown Furniture at Akbar Plaza,

DHA, Islamabad consisting of three floors of the plaza.

Beside this petitioner was also providing consultancy

for interior designing and has very good name in

Islamabad.

c) That the quality of furniture as well as services of the

petitioner was excellent and the name of the show room

of the petitioner was a famous brand in Islamabad and

 other cities. He has very good business and was unable

to meet the demands of the customers.

d) That the complainant has good terms with the

petitioner and due to the business of the petitioner he

requested the petitioner that he wants to make

investment in the shape that he himself will purchase

different articles of furniture and will put the same in

the show room of the petitioner and after selling the

same profit upon the articles will be shared as 50%

each.

e) That as the petitioner has very good business and was

unable to fulfill the demands of the customers so the

petitioner agreed upon the proposal of the complainant

and in this way the complainant started his business in

the show room of the petitioner by purchasing and

selling of furniture articles there at the above

mentioned profit ratio.

f) That upon the request of the complainant the petitioner

handed over open cheques to the complainant only for

his satisfaction that his furniture articles will remain

safe and the petitioner in good faith did the same.

g) That in this way complainant and nine other persons

started similar business and were getting the profit

with the ratio of 50%.

h) That later on the complainant as well as others became

greedy and demanded 75% from the profit but the

petitioner refused to accede this unjustified demand.

The petitioner on 06.08.2021 left the country for

Uzbekistan via Turkey. By taking advantage of the

absence of the petitioner, the complainant and other

persons illegally occupied the show room of the

petitioner containing furniture and other accessories

valuing of Rs.3 Crores, exclusively owned by the

petitioner.

i) That one of the above by giving threats to the wife and

children of the petitioner got transferred the house
from his wife valuing Rs. 5 Crores, regarding which
petitioner is instituting separate cases.

j) That as the complainant and other nine persons are

highly influential and they threatened the petitioner
that if the petitioner tried to take any action qua the
show room and house, then the children of the
 petitioner will be abducted. Finding no other way the
petitioner called his wife and children abroad.

k) That furthermore in order to blackmail the petitioner

and to save himself from the criminal action, the
complainant got registered the above mentioned false
and frivolous cases in order to stop the petitioner from
taking any action against him.

l) That on 11.11.2022 after taking protective pre-arrest

bail from the Hon’ble Lahore High Court, Lahore for
three days, the petitioner arrived at Lahore Airport on
11.11.2022. Copy of the order is attached as Annex-B.

m) That neither petitioner obtained any amount from the

complainant nor issued any cheque for the repayment

of the same or fulfillment of any obligation, hence

offence under section 489-F PPC does not make out at

all against the petitioner.

n) That the offence alleged does not fall within prohibitory

clause of section 497 Cr.P.C.

o) That the petitioner is ready to furnish surety bond up to

the entire satisfaction of this learned court and also

undertakes to appear before investigation agency as

and when required.

 PRAYER

In view of the above submissions, it is,

therefore, most respectfully prayed that this petition may
kindly be accepted and the petitioner may very graciously
be allowed pre-arrest bail in FIR mentioned above, till the
final decision of the case.

It is further prayed that pending the adjudication of

the instant petition, the petitioner may very graciously be
admitted to ad-interim pre-arrest bail.

PETITIONER

Through

IMRAN FEROZE MALIK

Advocate High Court

ZIA-UR-REHMAN MIR SAJJAD BALOCH MUHAMMAD MOHSIN AHMAD

Advocate High Court Advocate High Court Advocate High Court

SALMAN AZAD GUJJAR IBRAHIM ARSHAD KHAN

Advocate High Court Advocate High Court

ABZ-LAW
Office No.104, near Session Judge West
District Courts F-8 Markaz, Islamabad.

Dated: 14.11.2022
CERTIFICATE: As per instructions of my client, it is certified that this
is the First bail petition before this Learned Court.

ADVOCATE
 IN THE COURT OF DISTRICT & SESSIONS JUDGE,
RAWALPINDI

Bail Petition No.__________/B/2022

Muhammad Junaid Vs. The State etc.

AFFIDAVIT OF: Muhammad Junaid of Muhammad Sharif

Niazi, permanent resident of Chabba Cheema,
Tehsil Wazirabad, District Gujranwala.

I, the above named deponent do hereby solemnly affirm

and declare as under:-

That the contents of the accompanying application are true

and correct to the best of my knowledge and belief and

nothing has been concealed therefrom.

DEPONENT
VERIFICATION
Verified on Oath at Rawalpindi on this 14 th day of
November 2022 that the contents of the above affidavit are
true and correct to the best of my knowledge and belief.
DEPONENT
 IN THE COURT OF DISTRICT & SESSIONS JUDGE,
RAWALPINDI

Bail Petition No.__________/B/2022

Muhammad Junaid Vs. The State etc.

INDEX

Sr.# Description of documents Dated Pages

1. Bail petition 1-6
2. Affidavit to above 7
3. Annex-A copy of FIR No.858 8
4. Annex-B order of High Court 9-11
5. Power of attorney 10
PETITIONER

Through

IMRAN FEROZE MALIK

Advocate High Court

ZIA-UR-REHMAN MIR SAJJAD BALOCH MUHAMMAD MOHSIN AHMAD

Advocate High Court Advocate High Court Advocate High Court

SALMAN AZAD GUJJAR IBRAHIM ARSHAD KHAN

Advocate High Court Advocate High Court

ABZ-LAW
Office No.104, near Session Judge West
District Courts F-8 Markaz, Islamabad.