IN THE COURT OF PESHAWAR HIGH COURT BENCH AT MINGORA SWAT

CHECK LIST
1. Case Titled YES NO
2. Case is duly signed
3. The law under which the case is preferred has been mentioned
4. Approved file cover is used
5. Affidavit is duly attested and appended
6. Case and the annexure are properly paged and numbered according to the index
7. Copies of the annexure are legible and attested. If not then better copies duly
attested have been annexed

8. Certified copies of all the requisite document have been filed

9. Certificate specifying that no case on similar grounds was earlier submitted in this
court, filed
10. Case is with in time
11. That the value for the purpose of the court fee and jurisdiction has been mentioned
in the relevant column
12. Court fee in shape of stamp is affixed (for writ, 500 for others is required)
13. Power of attorney is in proper form
14. Memo of addresses filed
15. List of books mentioned in the petition
16. The requisite number if spare copies attached (writ petition 3 Nos, Civil Appeal (SB-
1, DB-2), civil revision (SB-1, DB-2
17. Case (Revision Appeal/Petition etc. /is filed in a prescribed form
18. Power of attorney is attached by jail authority (for jail prisoners only)
It is certified that the formalities / documents as required in column 2 to 18 above have been fulfilled.

Name: Ibrar Ahmad Khan

Advocate
Signature: __________________________

Date: _________________________
FOR OFFICE USE ONLY
Case No. _________________________
Case received on ___________________

Complete in all respect Yes / No (If the grounds) ________________________________________

______________________________________________________________________________
Date in Court_________________________ Signature ____________________
Reader
Dated: ______________________
Countersigned: _______________
(Additional Registrar)
BEFORE THE PESHAWAR HIGH COURT, MINGORA BENCH
(DARUL QAZA), SWAT
Cr.M (B.A) No____________/2022

Amjad ………………………… (Petitioner /Accused)

VERSUS
The State & 1 other…………………………(Respondents)
INDEX

S. No Descriptions of Documents Annex P. No

1 Memo of Application
2 Certificate
3 Copy of FIR A
4 Copy of application and order B&C
5 Copy of application and order D&C
6 Legal Notice
7 Wakalat Nama

Applicant / Petitioner
Through Counsel
Ibrar Ahmad Khan
Advocate, High Court

Adnan Ali Khan

Advocate, High Court
BEFORE THE PESHAWAR HIGH COURT, MINGORA BENCH
(DARUL QAZA), SWAT
Cr.M (B.A) No____________/2022

Amjad son of Gull Akbar Resident of Thikdarai Tehsil Khwaza Khela district
Swat…………………………. Petitioner / Accused
VERSUS
1) State through additional advocate general Peshawar High Court Mingora
Bench District Swat
2) Amjad Khan s/o Inayat Khan Resident of Chalyar Tehsil Khwaza
Khela……………………………………Respondent / Complainant

CASE FIR NO. 482 DATED: 24/06/2022

UNDER SECTION 489F, 420 PPC POLICE STATION KHURSHEED
KHAN SHAHEED KHWAZA KHELA DISTRICT SWAT
BAIL APPLICATION UNDER SECTION 497 CRIMINAL PROCEDURE
CODE FOR THE RELEASE OF ACCUSED / PETITIONER IN THE
ABOVE TITLED CASE TILL THE FINAL DISPOSAL OF THE CASE.
Respectfully Shewth,

1) That the accused / petitioner has been behind bars for last 7 and half months in
the above-mentioned case. (Copy of FIR annexed as annexure “A”).

2) That the accused / petitioner submitted application for the post arrest bail in
the court of magistrate on date 27.10.2022. Which was dismissed vide
ORDER-02 dated 31.10.2022. (Copy of order is annexed as annexure “B”).
3) That the accused / petitioner submitted application for the post arrest bail in
the court of additional session judge Khwaza Khela dated 12.11.2022, which
has been dismissed vide order dated 29.11.2022. (Copy of order is annexed
as annexure “C”).

4) That the accused / petitioner is praying for the post arrest bail in the above-
mentioned case on the following grounds.

GROUNDS:

1) That the Accused / Petitioner has not issued any cheque under any obligation
to the complainant. The complainant falsely implicated the accused /
petitioner in the above-mentioned case.

2) That there is no corroborative independent, impartial, and trustworthy piece of

evidence to support allegations against the Accused / Petitioner.

3) That the alleged Cheque’s issuance date is 28.11.2021 and the date of lodging
FIR is 24.06.2022, which shows the mala fide intentions of the complainant.
Thus, there is an unexplained delay in lodging the FIR, which is about 6
months.

4) That the Accused / petitioner is behind the bars for the last 7 and half months
and keeping the accused / petitioner behind the bars will serve no purpose to
the prosecution. Therefore, the Accused / petitioner may graciously be
released on bail for the greater benefit of the society.
5) That the Accused / Petitioner is ready to furnish surety bonds for the
satisfaction of this against court.

6) That section 420 is a bailable offense while 489F provides three years of
punishment which does not come under the ambit of prohibitory clause of
section 497 Cr.PC.

7) That there is no material available on the record about any deal which
allegedly took place between the Accused and Complainant.

8) That there is no eye-witness available of any such deal which allegedly took
place between the petitioner / accused and the complainant.

9) That there is further scope of inquiry into the guilt of accused / petitioner, the
accused is no more required for further investigation to the local police.

10) That the accused / petitioner is innocent and has not committed the
above-mentioned offense.

11) That there nothing on file about the deal that where and before whom the
alleged cheque was delivered to the complainant

It is therefore very humbly prayed that on acceptance of this Bail

Application, the Accused / Petitioner may kindly be released on bail till final
disposal of the case.
Accused / Petitioner
Through Counsel
The Legal Brains Law Chamber, Swat
Ibrar Ahmad Khan Adnan Ali Khan
 Advocate, High Court Advocate, High Court

BEFORE THE PESHAWAR HIGH COURT, MINGORA BENCH

(DARUL QAZA), SWAT
Cr.M (B.A) No____________/2022

Amjad………………………… (Petitioner /Accused)

VERSUS
The State & 1 other…………………………(Respondents)

CERTIFICATE
It is certified that as per information furnished by my client / Petitioner it is
the first ever application on its subject matter and no such like other petition has
earlier been filed or pending adjudication before this Honorable Court.

Counsel

Ibrar Ahmad Khan

Advocate, High Court