IN THE COURT OF DISTRICT AND SESSIONS

JUDGE EAST.
Criminal Bail Application No. 101 of 2023

FAISAL ELLAHI S/O ANEES ELLAHI

MUSLIM, ADULT, R/O FLAT NO. 123,
ABC COLONY SADDAR,
KARACHI. ……. APPLICANT/ACCUSED

VERSUS

THE STATE ……. RESPONDENT

Crime No. 81 of 2023

U/S. 406,420 PPC
P.S. Model Colony, Korangi

Date of Offence: 30-04-2021

Time of Offence: 00:15 hours

CRIMINAL BAIL APPLICATION U/S 498 Cr.P.C.

It is respectfully submitted and prayed on behalf of applicant/ accused

above named that, this Honorable Court may be pleased to grant him pre-arrest
bail in the crime and offence mentioned here-in-above, on consideration of the
following facts and grounds: -
FACTS

The brief facts of the case are that complainant namely Nouman Muzaffar s/o
Muzaffar Hussain, lodged FIR on 15-03-2023 at 00:15 hours, stating therein
that he is resident of abovementioned address with his family and engaged in
the rent-a-car business. His office is located at Flat Number 205/3, Survey
Number 301, Jafar Bagh Model Colony, Karachi. On the 30th of April 2021, a
formal agreement was made with Mr. Faisal Elahi, son of Anis Elahi, for the
rental of his car, a Sportage Cherry Black Model 2021, with license plate
number BJ-4283, chassis number NNAQL51AZKP511347, bearing Engine
Number G4NAMH305984. The agreement stipulated a monthly rent of
170,000 Pakistani Rupees, and initially, Mr. Faisal Elahi complied with the
terms, paying the rent on time.
However, subsequent to a certain period, he abruptly ceased the rent payments
and became evasive when contacted. Various excuses and diversions were
made during our phone conversations. Eventually, he disconnected his phone
and absconded with his family. Upon inspecting my car using a tracking
device, it was discovered that the vehicle was parked in the area of Upper
Gulistan, Karachi.
Upon reaching the location, it was revealed that a person named Sikander Ali
Jalaya claimed to have purchased the car from Faisal Elahi and now asserted
ownership. When asked to provide documentation for verification, he refused
to show and hand over the papers, displaying an unwillingness to cooperate.
Faced with this situation, it is evident that Faisal Elahi, son of Anis Elahi, and
Sikander Ali Jalaya, son of an unknown individual, have engaged in fraudulent
activities, deceiving and breaching the trust of the complainant.
This report is lodged for the purpose of initiating legal proceedings against
them for the crimes of fraud and deception under sections 406/420 of the
Pakistan Penal Code. A formal FIR is being registered for further investigation.

Photocopy of FIR No.81 /2023 is enclosed herewith and marked as annexure

‘A’.

GROUNDS

1. That, the applicant/ accused is innocent, law abiding, peace loving and

respectable citizen of Islamic Republic of Pakistan, and he has been

falsely and malafidely entangled in the above crime with ulterior

motives and malafide intentions of complainant party.

2. That there is inordinate delay of F.I.R two years, eleven months, and

fifteen days in lodging the FIR for which he has furnished no possible

explanation. The delay in FIR is always fatal to the prosecution case,

which falls within the category of further inquiry.

3. That, the story narrated in the FIR is false, fabricated, handmade and

highly untrustworthy, and there are no reasonable grounds to believe

that the applicant/ accused has committed that alleged offence with

which he stands charged.

4. That, as per the complainant's own admission, the applicant/ accused

diligently fulfilled his rental payment obligations in the initial months of

the agreement, which reflects his commitment to fulfilling his financial

obligations.

5. That, the complainant approached the applicant/accused with an offer to

sell his car before the completion of the rent-a-car agreement, due to

urgent financial needs.

6. That, applicant/ accused agreed to purchase the car at a price lower than

its market value, understanding the urgency of complainant’s situation.

7. That, on dated10-08-2021 this transaction was conducted willingly and

mutually, indicating that applicant/ accused acted in good faith and

without any fraudulent intent.

Photocopy of Car Sale Receipt is enclosed herewith and marked as

annexure ‘B’.

8. That, after sometime the complainant demanded to repurchase the car at

the same price he originally sold it to applicant/ accused, by threats and

aggression.

9. That applicant/ accused, refused to accept the complainants and faced

verbal altercations, and threats, from complainant. This continued

pressure led applicant/ accused to decide to sell the car and relocate to

different area in Karachi.

10. That, the complainant harbors ill will against the applicant/accused

which is the driving force behind the legal proceedings.

11. That, the case does not fall within the ambit of prohibitory clause of

Section 497 (i) Cr.P.C.

12. That, the law for the purpose of bail cannot be stretched in favor of

prosecution and if any benefit of doubt arises it must go to the accused.

13. That, the applicant/ accused is neither desperate, dangerous nor

hardened criminal and is not previously convict (as instructed) and the

case of the applicant/ accused is of merits and requires further inquiry.

14. That, there is great apprehension of arrest of applicant/ accused, and if

he is arrested, he will remain behind the bars, humiliated, tortured and

shall suffer loss to his liberty and reputation in the society without any

reason.

15. That, the applicant/ accused is ready and willing to furnish solvent

surety to the entire satisfaction of this Honorable Court.

16. That, the above prayer is made in the interest of justice.

Karachi Advocate for Applicant/ accused

Dated: 20-03-2023

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased
to grant him bail before arrest under the fact and circumstances mentioned
above.
IN THE COURT OF DISTRICT AND SESSIONS
JUDGE EAST.
Criminal Bail Application No. 101 of 2023

FAZAL ALI S/O AKRAM ALI ……. APPLICANT/ACCUSED

VERSUS

THE STATE ……...RESPONDENT

AFFIDAVIT

I, Faisal Ellahi S/o Anees Ellahi, R/o flat no, 123, Abc
colony Saddar, Karachi, hereby state on oath as under: -
1. That, I am applicant/accused in the above matter, hence well conversant
with the facts of the case.
2. That, the accompanying Bail Application U/S 498 Cr.P.C. has been
drafted and moved under my instructions, contents of which are true and
correct and may be treated as part and parcel of this affidavit.
3. That, being innocent and law-abiding citizen of Pakistan I surrender
myself at the mercy of this Honorable Court for grant of pre-arrest bail
in the interest of justice.

That whatever stated above is true and correct to the best of my

knowledge and belief.

Karachi DEPONENT
Date 20-03-2023
Advocate
Solemnly affirmed on oath this 20th day of November 23 by the
deponent above named who has been identified by Mrs. Alisha Shabbir,
Advocate to whom I know personally.

Commissioner For Taking Affidavit

IN THE COURT OF DISTRICT & SESSION
JUDGE EAST AT KARACHI

Cr. Bail application No: 81/2023

Muhammad Zeeshan…………….…………………...... Applicant/Accused

VERSUS

The State……………………………………………….……………Respondent

CERTIFICATE

This is to certify that this is the first bail application in above mentioned case,
prior to this no any bail application has been moved in any court of law in this
case. (As Suggested)

Karachi
Dated: 20-03-2023 Advocate for Applicant/Accused
MA LAW ASSOCIATION
VAKALATNAMA

IN THE COURT OF DISTRICT & SESSION

JUDGE EAST AT KARACHI

Faisal Ellahi …………….………………. Applicant/Accused

VERSUS
The State……………………………….……………Respondent

I Faisal Ellahi S/o Anees Ellahi do hereby appoint & retain Advocate Ms. Alisha
Shabbir, Ms. Aieman Shabbir & Ms. Mahrukh hereinafter called as the
advocates to be my/our advocate in the
suit/Appeal/Petition/Case/Reference/Execution. I/We authorize the advocate to do
any or allow the following on my /our behalf:
a. To represent, act and appear for me/us:
b. To conduct and prosecute (or defend) the same and all proceedings that may
be taken in respect of any application connected with same or any decree of
order passed therein;
c. To sign, file verify, present and receive all types of documents
including plaints, statements, pleadings, appeals, cross objection,
petitions, applications, revision withdraw, compromise or affidavits;
d. To withdraw or compromise or submit to arbitration any differences of
disputes that may arise touching or in any manner relating to the said case;
e. To deposit, draw and receive money, cheques, cash and grant receipts thereof;
f. To do all other acts and things which may be necessary or expedient, in the
opinion of the advocates, to be done.

I/we do hereby agree to ratify and confirm all acts done by Advocates or his substitute
in the matter as my/our own acts, as if done by me/us to all intents and purpose.

DATE:20-03-2023
Signature/Thumb
Alisha Shabbir Mahrukh
ADVOCATE ADVOCATE
(Advo-25967-SBC-KHI) (Advo-20967-SBC-KHI)
CNIC:1783-45567678-0 CNIC:1693-76697678-0
CELL NO:0333-7145989 CELL NO:0333-7946878

Aieman Shabbir
ADVOCATE
(Advo-259877-SBC-KHI)
CNIC: 4189-648345962-3
CELL NO: 0300-8490768

_________________________________________________________________
Office: 45-A, 6th Floor Farid Chambers, Abdullah Haroon Road, Sadder, Karachi.
Cell: 0300-6944460
E-mail: [email protected]