IN THE COURT OF ADDITIONAL SESSION JUDGE MULTAN

Fauzia Bibi W/O Liaqat Hussain

Petitioner
Versus

1. Muhammad Arif S/O Noor Muhammad

2. Muhammad Yousuf Shah S/O Muhammad Shafi Shah
Respondents

Case FIR no: 897/20 Dt: 01-09-2020.

Police station: B.Z Multan
Offence: 365 p.p.c

APPLICATION UNDER SECTION 497 ( 5 ) CR.P.C FOR THE CANCELLATION OF BAIL OF

THE RESPONDENT NO 1 & 2

May it please Your Honour,

1. That abridgely the facts giving rise in the instant petition are that the petitioner is wife of Abductee Liaqat
Hussain and complainant in FIR No. 897/20 Dt: 01-09-20.
2. That Petitioner,s husband Liaqat Hussain was kidnapped for ransom on 23.08.20 alongwith his Honda
1800cc Car & other valueable belongings & Documents and said F.I.R. was registered on 1.09.20 against
Ashraf Khan,Malik Alauddin, Mujahid & two unknown offenders .Copy of FIR 897/20 is annexed with this
petition as ANNEX -A.
3. That soon after knowing the abduction the Petitioner called on Police Help line 15 but when Police lingered
to register FIR , Petitioner Filed a petition under 22ab to ASJ Multan and finally case was registered with
Police Station B.Z Multan on 1.9.2020 under FIR No.897/20 after Eight days of the Kidnapping occurance.
4. That Police raided twice the premises of Ashraf Khan & Co-Accused to rescue the Abductee but
kidnappers escaped each time and afterward one of the Accused Ashraf Khan got (PROCTECTIVE BAIL)
from Balochistan High court to appear in the Police Investigation. This bail was granted on 17.9.20 and
lapsed automatically on 29.9.20 and despite that accused did not appear before Police of B.Z Multan. Copy
of Protective Bail annexed as ANNEX-B.
5. That during investigation proceedings Police got Mobile Phones (CALL DATA RECORD) of accused
kidnappers and according to which solid connection has been established between one accused Ashraf Khan
and Respondent-1,Muhammad Arif and Respondent 2-Muhammad Yusuf Shah and the Facilitator
Mehmood Shaikh alias Moodi. Copy of Phone,s CALL DATA RECORD annexed as ANNEX-C.
6. That in July 2020 the Respondents 1&2 illegally possessed the commercial Plot of Petitioner,s Husband
Liaqat Hussain thereupon an FIR no.300/20 was registered against Respondents 1&2 and others where they
found guilty and case Challaned. Copy of FIR 300/20 annexed as ANNEX-D
7. That when both Respondents 1&2 did not stop intimidating the Petiotioner,s family , a Writ Petition
No.10275-20 dated 20.08.2020 was lodged by Petitioner,s Husband Liaqat Hussain against Respondents
1&2 and others whereby Multan bench of Lahore High Court summoned the Respondents and directed them
not to desist or harass the Petitioner,s Husband Liaqat Hussain. Copy of Writ Petition No.10275-20 annexed
as ANNEX-E.
8, That soon after said Writ Petition No.10275-20 was lodged on 20.08.2020 the Petitioner,s Husband Liaqat
Hussain was kidnapped on 23.08.2020 and thereafter Respondents 1&2 started threatening Petitioner to
cause death, severe bodily and economical harms etc and warned if Petitioner wants the life of her Husband,
she must withdraw the FIR No.897/20, pull back ownership of the Commercial plot of 116 Marlas located
on Abdul Hakim Interchange Motorway M4 which both Respondents 1&2 want to seize forcibly.
9. That Petitioner communicated these all mal practices and Threats of Respondents 1&2 to Police of B.Z
Police station Multan where investigation was underway against kidnappers and finally after obtaining
(CALL DATA RECORD) for the phone nos of all accused, strong and incontrovertible connection found
between Kidnappers and their Facilitaor. Numerous Phone calls and phone recording in Place. Phone
Recording is available to this Learned Court of ASJ as evidence, if required.
10. That it is apropos to mention that Kidnapper,s Facilitaor Mehmood Shaikh alias Moodi registered fake cases
against Petitioner,s Husband Liaqat Hussain in year 2005 which were dismissed by Apex Courts and in
vengeance and retaliation he joined hands with Kidnappers Respondents 1&2 and other co-accused.
Abductors network is well proved after inter phone calls. The fake cases from Facilitator Mehmood Shaikh
were dismissed/turned down by Lahore High Court Double Bench (Copy annexed as ANNEX-F) and
Supreme Court,s Order copy annexed as ANNEX-G.

GROUNDS
▪ That grounds on which Learned SCJ alliowed bail are totally against actual and factual
framework of the case.
Copy of Bail order by SCJ annexed as ANNEX-H.
▪ That Learned SCJ contingent on the Suit of Restoration dated 22.12.2020 filed with Civil Judge
Kabirwala according to which Counsil for the Respondents purported that it was filed by
Petitioner,s Husband Liaqat Hussain, is totally fallacious and false . In fact Petitioner,s Husband
had delivered his pre-signed Wakalat Nama & Suit before he was abducted. An affidavit from
the Counsil of Liaqat Hussain who filed that Suit of Restoration is available on records which
endorse that Petitioner,s husband did not sign suit documents on 22.12.20. Copy of Counsil,s
affidavit annexed as ANNEX-I.

▪ That Learned SCJ also relied on the Writ Petition No.10275-20 dated 20.08.2020 assuming that
abductee Liaqat Hussain was present in Multan Hight is again misapprehend and incorrect.
Doubtlessly said Writ petition was personally signed and filed by Liaqat Hussain on 20.8.2020
but at the time of final order of High Court Multan dated 18.09.2020, he was already abducted .
Multan High court did not write in their order that Liaqat Hussain was personally present in the
court. The Apex court clearly mentioned in final order
( Rana Asif Saeed “” FOR”” the Petitioner and not “” WITH”” the Petitioner which is self
explanatory that Advocate for Liaqat Hussain was present on behalf of him and Liaqat Hussain
was not present in person. Copy of Multan High Court,s Order annexed as ANNEX-J.

▪ That the Learned SCJ referred Police Diary No.32 according to which no solid evidence found
against Respondents is quite premature and irrelevant since evidence of offences like
Kidnapping and Robbery etc mostly comes with passage of time and not at early course of
investigation . The Culprits/Respondents left vivid traces after they are released on bail and now
Police has recovered valuable belongings of Abductee Liaqat hussain from Co-accused of the
Respondent 1&2 i.e Honda Car 1800cc,Mobile Phone set, Banks cheque books and other
precious documents. But yet recovery of Abductee and his more belongings left which are in
custody of Respondent 1&2. Copy of recovered items SAPURDARI from same Learned SCJ
Naveed Akhtar (who granted bail to respondents) being annexed as ANNEX-K.

▪ That Respondent No.1 Muhammad Arif etc are habitual,desperate ,persistent and hardened
criminals and remained involved in many heinous activities. Details of Cases FIRs registered
against him in different Police Stations as under:
FIR NO. U/S PPC POLICE STATION COMPLAINANT
138-2002 337L II /34 ABDUL HAKIM MUHAMMAD
ASHFAQ
248-2008 337 A I/34 ABDUL HAKIM WALI DAD
76-2006 337A II/34 ABDUL HAKIM RIAZ HUSSAIN
435-2018 506-B B.Z MULTAN KHALIL AHMED
34-2018 506-B ABDUL HAKIM SADAQAT SAEED
594-2017 489-F GULGASHT MULTAN SADAQAT SAEED
164-2017 447,379,148,511,506,149 ABDUL HAKIM SADAQAT SAEED
421-2020 406 ABDUL HAKIM SADAQAT SAEED
300/2020 447,506B,148,511,379,149 ABDUL HAKIM SADAQAT SAEED

▪ That the accused / respondent No,1&2 threatening the petitioner and his family members for
the withdrawl of the above said Case No.300/20 .Soon after having released from Jail they
again illegally occupied the commercial plot of Petitioner,s Husband and sitting there in
connivance with local police.

▪ That petitioner,s Abductee husband is not recovered and still in custody of Respondents & their
Co-Accused
and if their bail is not recalled the Lives of Petitioner, her Husband and family are at utmost
risk.

▪ That Respondents are found well connected with the offence after recent Phones (CALL
DATA RECORD) and (Phone audio tapes) available with Investigation officer of B.Z Police
station Multan which unambiguously shows that how shrewdly and tactfully Kidnappers gang
was inter conneted on phone calls through their Facilitator. First they illegally dispossesed
Petitioner,s husband from his commercial plot and then kidnapped him to satisfy and
accomplish their ulterior motives and to blackmail Petitioner,s family.

▪ Respondents from their Phone Numbers 03013334752,03136242853 first made planes of pre
and post abduction with their Facilitator,s Phone No.03214423355 (Mehmood Shaikh Alias
Moodi) and then their Facilitator kept his phone connection with other Co-Accused Ashraf
Khan,s Phone no.03009388521.

▪ If respondents are not involved in the case why they kept calling to all co-accused after and
before abduction of Petitioner,s Husband. Phones data (CALL DATA RECORD) and recovery
of Abductee,s belongings from Co-Accused is proof of their crime beyond a doubt.

▪ That the accused /respondents are also threatening the witnesses of the cases registered against
them, while the
witnesses are also pretty frightened towards the acts of the respondents.
 ▪ That the offence 365ppc is unbailable. Abductee is still in their custody and not retrieved.
Crime connection of
respondents is well proved and placed on diary of Police Investigation after Police got Phone
Data (CALL DATA RECORD) and recovery of Car and other valueable belongings from co-
accussed of Respondents.

▪ That Lahore High Court Multan Bench has already found the Respondents involved in illegal
dispossession and harassment to the Husband of Petitioner in their aforesaid Order dated
18.9.2020 Writ Petition No.
10275-20 where apex court directed Respondents to desist and stop harassing
Liaqat Hussain ( The Abductee).
• That the Grounds for cancellation of bail are pari materia with the principles which apply to
setting aside the Bail order of Learned SCJ.

PRAYER

Since bail granting order was patently illegal, erroneous, factually incorrect and had resulted in miscarriage of
justice so keeping in view the circumstances and contents mentioned in instant petition, it is most humbly,
cordially and graciously prayed that the bail already granted to the habitual offenders/Respondent No. 1&2 may
kindly be recalled in the interest of justice and fair trial of this case.

Zahoor Uddin
Advocate High Court