1

BEFORE THE PESHAWAR HIGH COURT PESHAWAR

Crl. Misc Bail Application No. /2023

Ali Gohar.…………..………………………….Petitioner/Accused

Versus

The State & another.............................Respondent(s)

INDEX

Sr Page
No Particulars No

1. Bail Application with Affidavit

2. Memo of Address of Parties
3. Copy of the FIR dated 08.12.2023
along-with better copy is annexed as
Annexure “A” and “A-1”
4. Copy of the application along-with
order dated 22.12.2023 is annexed as
Annexure “B” and “B-1”
5. Attorney/Vakalatnama

Petitioner/Accused
Through
Ali Azim Afridi
Advocate High Court
Contact # 0333-9555000
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BEFORE THE PESHAWAR HIGH COURT PESHAWAR

Crl. Misc Bail Application No. /2023

Ali Gohar S/O Johar Ali R/O Koki Khel, Takhta Baig

….Petitioner/Accused

Versus

1. The State
2. Inayat Ullah Khan S/O Saida Jan R/O Shakas, Abdullah
Market

....Respondent(s)

APPLICATION ON BEHALF OF
ACCUSED UNDER SECTION 497 CRPC
FOR GRANT OF POST ARREST BAIL IN
FIR NO. 362 DATED 08.12.2023 U/S 5
¾ GHAG ACT REGISTERED AT P.S
JAMRUD KHYBER; WHEREIN REQUEST
FOR GRANT OF CONCESSION OF BAIL
WAS DECLINED VIDE ORDER DATED
22.12.2023 BY THE ADDL. DISTRICT &
SESSIONS JUDGE - II, KHYBER

Respectfully Sheweth,

1. That the Constitution of Islamic Republic of Pakistan

operates as a guarantor of fundamental rights embodying

certain rights and responsibilities on its citizens and towards

its citizen by ensuring ways and means for seeking justice in

accordance with the dictates of constitution and law.

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2. That the Constitution of Islamic Republic of Pakistan has

equally paved ways for ensuring its command by

enacting/promulgating certain laws and establishing courts

so as to ensure constitutionality and rule of law including its

after-come to have taken care of by the public citizenry in

their respective capacity.

3. That constitutionality and rule of law ensures right to fair

trial and due process in any criminal charge against an

accused person irrespective of the nature of the offence

alluring penal ramifications and equally vanguards for liberty

of public citizenry, including an “accused” nabbed under the

law of the country.

4. The case at hand is none other than that of a public citizen,

who is allegedly charged U/S ¾ GHAG ACT; as such

seeking bail U/S 497; seemingly to be an apt case for grant

of bail.

5. Thorough look and careful perusal of the F.I.R with

discerning eyes insofar the case file, demonstrates and

unfurl the facts favoring the applicant/accused by making

“tentative assessment of the evidence”; for which inference

is to be drawn from the decisions time and again rendered

by the Supreme Court of Pakistan, which needs a looky-loo

in the case at hand. (Copy of the FIR dated 08.12.2023

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along-with better copy is annexed as Annexure “A”

and “A-1”)

6. That for the sake of brevity and information; the accused

has earlier filed a bail application before the Anti-Terrorism

Court - Kohat; as such failing to secure extra-ordinary

concession of bail at the relevant time. (Copy of the

application along-with order dated 22.12.2023 is

annexed as Annexure “B” and “B-1”)

ON LAW

7. The Supreme Court of Pakistan in Tariq Bashir’s case1

reached a conclusion by laying down certain guidelines for

the courts to follow, stating therein that “there is no concept

of punishment before judgment in the criminal law of the

land”. Similarly, it was held that “where the accused satisfies

the Court, that there are no reasonable grounds for believing

that he is guilty of such offence, then the Court must release

him on bail; For arriving at the conclusion as to whether or

not there are reasonable grounds to believe that the accused

is guilty of an offence punishable with death, imprisonment

for life or with ten years imprisonment, the Court will not

conduct a preliminary trial/inquiry but will only make

tentative assessment, i.e. will look at the material collected

by the police for and against the accused”.

1
PLD 1995 SC 34
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8. It is important to note that, question of benefit of reasonable

doubt is necessary to be determined not only while deciding

the question of guilt of an accused but also while considering

the question of bail2, as is required to be looked-after in the

case at bar.
9. 4

10.

11.In the similar vein, as a matter of fact there is a colossal

difference between a life behind the bars and that of a free

life; concessionary relief i.e. grant of bail not only serves as

a lifeguard but also serves as a beam, emitting hope for

those expecting to live and lead a life.

12.Needless to mention that, the ultimate conviction and

incarceration of a guilty person can repair the wrong caused

by a mistaken relief of bail granted to him but no

satisfactory reparation can be offered to an innocent man for

his unjustified incarceration at any stage of the case, albeit

his acquittal in the long run.

GROUNDS

A) That the accused is innocent; falsely charged and thereby

roped in the instant FIR.

B) That as such no case is made out against the accused in the

instant FIR.

C) That there is no likelihood of abscondence of the accused.

2
Ibid
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D) That there is no apprehension of the accused tempering with

the prosecution evidence.

E) That the case against the present accused person is of

further inquiry.

F) That the accused have never been involved in any criminal

case; nor any record exists as such beside the same they

have never been fugitive from law; Hence, is entitled for the

concession of post-arrest bail.

G) Further necessary grounds will be raised during the course

of arguments.

In lieu of the afore-stated reasons, it is therefore humbly

prayed that the petitioner/accused be extended the

concessionary relief of bail. As far as one knows, further

incarceration of the accused would serve no useful purpose,

awaiting trial.

Petitioner/Accused
Through
Ali Azim Afridi
Advocate High Court
Contact # 0333-9555000

BEFORE THE PESHAWAR HIGH COURT PESHAWAR

Crl. Misc Bail Application No. /2023
 7

Ali Gohar.…………..…………………………Petitioner/Accused

Versus

The State & another.............................Respondent(s)

CERTIFICATE

It is hereby certified that no bail application has been filed

on the subject matter besides nothing has been concealed

from the Court.

Petitioner/Accused
Through
Ali Azim Afridi
Advocate High Court
Contact # 0333-9555000

LIST OF BOOKS

1. Elimination of Custom of Ghag Act, 2013.

2. Any other book required accordingly.

BEFORE THE PESHAWAR HIGH COURT PESHAWAR

Crl. Misc Bail Application No. /2023
 8

Ali Gohar…………..…………………………..Petitioner/Accused

Versus

The State & another.............................Respondent(s)

AFFIDAVIT

I Waqar Ali S/O Jouhar Khan R/O Koki Khel, Katia Khel,
District Khyber (Attorney), do hereby solemnly affirm that the
contents of the bail application are true and correct to the best of
my knowledge, belief, ability and nothing has been concealed
therein from this Hon’ble Court.

Deponent

CNIC # 21202-6153598-7

Contact # 0303-8856785

Identified By

Ali Azim Afridi

Advocate High Court

BEFORE THE PESHAWAR HIGH COURT PESHAWAR

Crl. Misc Bail Application No. /2023
 9

Ali Gohar…………..…………………………..Petitioner/Accused

Versus

The State & another.............................Respondent(s)

MEMO OF ADDRESS OF PARTIES

PETITIONER

Ali Gohar S/O Johar Ali R/O Koki Khel, Takhta Baig

VERSUS

RESPONDENTS

1. The State
2. Inayat Ullah Khan S/O Saida Jan R/O Shakas, Abdullah
Market

Petitioner
Through
Ali Azim Afridi
Advocate High Court
Contact # 0333-9555000