IN THE COURT OF LAHORE HIGH COURT
LAHORE.
Shahid
Junaid son of Sufi Junaid Caste Kashmiri resident Street no 11 Galla ghulam
Muhammad Thaikay Daar Wala Bakhtay Wala Gujranwala.
Petitioner
Versus
1. Atif Alias Atee
2. The State
Respondents
Case no: 36 / 08 Dt: 31-01-10.
police station: Sabzi Mandi Gujranwala.
Offence:
452/324/148/149.p.p.c
APPLICATION UNDER SECTION 497 ( 5 ) CR.P.C FOR THE CANCELLATION OF BAIL OF THE RESPONDENT NO 1 .
May
it please your honour,
1.
That abridgely the facts giving rise in
the instant petition are that the petitioner is a law abiding citizen of Pakistan
and has a very good antecedents in his
credit.
2.
That
on 31-01-10 the above said F.I.R. was lodged against the culprits who forcibly
entered in the abode of the petitioner and injured his real brother Muhammd
Saleem F.I.R. and its better copy is annexed with this petition as ANNEX-A & A.1.
3.
That due to the firing of the accused
/Respondents the brother of the petitioner Namely Muhammad Saleem seriously
injured and he sustained 10 firearms from the hands of the accused
persons/respondents.
4.
That the above said F.I.R was lodged
against the respondents and the respondent No 1 was also arrested in the above
titled case and his bail after after arrest was dismissed by the learned
session judge, and the respondent No 1 after that filed a bail petition before
the Honourable Lahore High Court Lahore , which was entrusted to the Honourable
Mr. Justice Syed Mazahir Ali Akbar Naqvi judge Lahoare high court Lahore and
the Honourable court pleased to announced the order for the grant of bail to
the accused / Respondent No 1 on
01-07-10. order of the Honourable Judge is annexed as ANNEX-B.
5.
That after the bail of the accused/
Respondent No 1 from the jail he again began to threat the petitioner and his
other family members and the petitioner seeks his cancellation of bail on the
following grounds,
GROUNDS
·
That the respondent No 1 is a desperate
and hardened criminal and remained involved in many criminal activities like
dacoity etc. copy of fresh F.I.R. is annexed with this application as ANNEX- C.
·
That the above said F.I.R lodged after
the releas of the accused /respondent No 1
from the jail , which shows his criminal mentality.
·
That the accused / respondent No 1 is also threatening the petitioner and his family members
for the withdrawl of the above said main case.
·
That the accused / respondent is also
threatening the witnesses of the case , while the witnesses are also very much
afraid towards the act of the respondent No 1 .
·
That the accused / respondent
No 1 is also not appearing in the learned trial court on each and every
date of hearing so the learned court is unable to proceed further in this
case until or unless the accused /
respondent No 1 would not be declared proclaimed offender.
PRAYER
Under these circumstances its most humbly and respectfully prayed that
due to the conduct of the accused /
respondent No1 , the bail already granted to the accused may kindly be recalled
in the interested of justice and fair trial of this case.
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