1

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

 6

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.