IN THE COURT OF LEARNED ADDITIONAL SESSION JUDGE CHUNIAN.

In Re:- Khurram kasuri S/o Muhammad Aghar Kasuri, Arian by cast; resident of muhallah Peer Jahanian Chunian. Vs

1:-

Rana Khurram S/O Muhammad Ahmad, Rajput by

cast resident of of Zaildar Road Chowk Baba Azam Ichra LAHORE. 2:Kashan Muhammad Ali, learned judicial Magistrate

Ist Class Chunian. 3:The State

Application

under

section

497

(5)

Cr.P.C

for

cancellation of the bail. The petitioner submits as follows:-

That brief facts of the case are as petitioner by way of moving an application had lodge an F.I.R (572/2011) under section 489-F P.P.C on 21-08-2011 in Police Station Chunian, against one nominated accused Rana Khurram son of Muhammad Ahmad resident of Zaildar Road Chowk Baba Azam Ichra Lahore for the act of issuing a bogus cheque to petitioner. That Police got arrested the accused on----------and afterward remanded him to the judicial lockup on --------, declaring him guilty of the offence. That the real amount disputed between the parties was Rs Twenty two Lacks, three thousands and seventy three rupees (2203073/-). The accused Rana Khurram, Respondent no 1 moved a bail application to the respondent no 2, the learned court below and in mitigating circumstances got succeeded to gain a bail order in his favor. The accused had paid Rs Rupees Five lacks (500000) to the counsel for the petitioner, however the bail application was resisted on various grounds but without mentioning any of them the impugned order was made out.

That petitioner prays to evoke the inherent powers of this court under section 497 (5) Cr.p.c for setting aside of the order of the lower court on the following :-

GROUNDS

1:-

The bail granting order is patently illegal, arbitrary,

and fanciful in nature and has resulted into a serious miscarriage of justice. In fact the order has unbounded the wings of an accused, who was brought in the grip of law after a hectic effort, to facilitate him to flee away. Now he is free like a bird to go to any country of his choice.

2:-

That the court bellow has overlooked the facts of the

case and done its duty in quite fanciful and arbitrary manner. In the bail granting order dated 26-08-2011 It has made its observation in para no 4 as follows:Under these circumstances I am of the view that the petitioner / accused has shown his bonafides by making full payment of disputed cheque. In this way there is no liability pending against the accused/ petitioner, as he has paid all the disputed amount to the complainant as trust. It was quite clear from the contents of F.I.R that the total outstanding amount which the accused was liable to pay was Rs Twenty two Lacks, three thousands and seventy three rupees (2203073/-). The learned court bellow was well aware that the accused has also issued six other cheques (copy attached as annex-----) to the complainant, another one was also dishonored for which the complainant has moved an application to the local police station which was reluctant to lodge the F.I.R as

the accused was creating hitches and hindrances in the process. Copy of the application which was produced to the court bellow is attached with as annex ----. The trust gained by the Court was never a trust of the complainant/ petitioner.

3:-

On top of that, the accused was not only prima facie but also he was Along declared with guilty that, by he the has

directly involved in the commission of a non-bail-able offence investigating agency.

acknowledged the offence by his conduct. 4:It was agitated to the court bellow that there is

perceptible fear of his fleeing away of the country which will mount to the petitioners a heavy loss in financial measures. But he was bailed out on the total sum of 50000 rupees surety.

5:-

That the bail has been granted

by taking an

incorrect and clouded view of the law and the facets of the case were also misappriciated.

6:-

To say the least, it is rather unfortunate.

7:-

That the accused right after getting himself free

from the lock-up made a call to the petitioners father through the phone of his business partner and raised threats to him for any of the move made to recover the

amount for which the petitioner has also made an application to the local police station which is attached herewith as annex ----Thus it is quite clear that respondent no 1 has abused and misused the liberty of the bail and has committed another crime while remaining on bail, hence his bail order may very courteously cancelled.

8:-

That it is crystal clear for a prudent mind to observe

that the accused will try his best to flee from the country instead of paying the remaining amount. And if an immediate action had not taken he will make a jump to get him out of the range of the jurisdiction and control of the law enforcement agencies.

9:is

That the accused has vanished to underground and unavailable to law enforcement agencies hence

deserves the cancellation of bail.

For what have been submitted above, it is respectfully prayed that the impugned Bail granting order may very courteously cancelled. And any other relief which this court think proper and fit may also be granted to petitioner.

PETITIONER

Khurram Muhammad Arian by muhallah Chunian.

kasuri Aghar cast; Peer resident

S/o Kasuri, of Jahanian

Through Counsel.