IN THE COURT OF SESSIONS
JUDGE DADU
Bail
Application No. of 2011
Jameel S/o Mohammad Moosa
By caste
Lakhair R/o village Jumo
Lakhair Taluka
Mehar District Dadu
Now
confined in District Jail Dadu……...…Applicant/accused.
V E R S U S
The
State………………………..…..Opponent.
Crime No.11/2011
P.S Nau Goth
U/S 9-B CNSA.
BAIL APPLICATION U/S 497
Cr.P.C
It is humbly prayed on behalf of the above
named Applicant/accused that this Honorable Court may be pleased to grant him
bail in the above cited crime and offences pending investigation on
consideration of following facts and grounds :-
FACTS.
The brief facts of case are that complainant
ASI Mohammad Hashim Magsi lodged FIR with PS Nau Goth on behalf of the state alleging
therein that he is posted as ASI at PS Nau Goth, on 16.07.2011 he received spy
information that one person was selling Charas at Datsun stop of Dargah Makhdoom
Saeedi Moosani. As such the complainant alongwith
his subordinate staff left P.S vide entry No. 18 at 0730 hours and proceeded
towards pointed place. It was about 0750 hours, when the complainant party
reached at Datsun stop of Makhdoom Saeedi Moosani and saw that one accused
person having seen police party in uniform tried to fled away but the
complainant party encircled him and captured him with strategy. The accused
person was inquired about his name and whereabouts to which he disclosed his
name to be Jameel S/o Mohammad Moosa Lakhair R/o Jumo Lakhair Taluka Mehar. The
complainant conducted his body search and recovered one plastic bag containing one
big and 10 short pieces of charas and cash Rs.200. the complainant got the
charas wheighed which became 250 grams out of which 10 grams were separated for
chemical examination while the 140 garms was separately sealed. He further
alleged that the accused person further disclosed that he is selling Charas at
Dargah since long. Such mashirnama was prepared by the complainant with
signatures of C Aziz Ahmed and C Manzoor Ahmed. Thereafter the complainant
returned back to PS alongwith arrested accused person and recovered property
and lodged FIR to this effect.
Police after registering FIR
obtained remand and the accused has been sent to jail in judicial custody,
hence this bail application.
GROUNDS.
1.
That the
applicant/accused is innocent and the alleged offence has not been committed by
him at all.
2.
That
applicant/accused has been dragged in this false, managed and concocted case by
the complainant with malafide intention and ulterior motives in order to show his
efficiency.
3.
That
although the complainant had prior information, but he did not associate any
private person to act as mashir, which is clear violation of section 103 CrPC.
4.
That the
PWs are police officials and subordinate of the complainant hence are setup,
inimical and hostile towards applicants/accused.
5.
That the
alleged recovered charas and cash have been foisted upon applicant/accused.
6.
That
according to the contents of FIR, a quantity of 250 grams of charas was
recovered, which were in one big piece and 10 short pieces but FIR is silent as
to from which piece 10 grams were separated for chemical examination, which
makes the case of prosecution highly doubtful.
7.
That it is
also not mentioned in the FIR that wherefrom the recovered charas got weighed,
which also makes the prosecution doubtful.
8.
That the
alleged offences do not fall within the prohibitory clause of section 497
Cr.P.C.
9.
That in the
above circumstances the case of applicants/accused requires further inquiry.
10.
That the
Applicant/accused is not likely to abscond or temper with the prosecution.
11.
That the applicant/accused are prepared to
furnish solvent surety to the satisfaction of this Honorable Court.
12.
That other and more points will be argued at
the time of hearing of this bail application with the permission of this
honorable court.
13.
That the prayer is made in the interest of
justice.
Dadu.
Dated. Advocate
For the applicant/accused
