IN THE COURT OF 2nd CIVIL JUDGE & J.M DADU
Bail Application No. of 2016
1. Mamtaz @ Mamro S/O Ghulam Hussain
By caste
Leghari, R/O Mallah Chowk
Taluka
& District Dadu.
now
confined in District Jail Dadu..……..…...……. Applicant/accused.
V E R S U S
The State……………………….…………………………..…..Opponent.
Crime No. 64 of
2016
P.S “A” Section
Dadu
U/S:
3/4 PEHO
BAIL APPLICATION U/S 497 Cr.P.C
It is humbly prayed on behalf of the above named applicants/accused
that this Honorable Court may be pleased to grant him bail, in the above cited
crime and offences, on consideration of following facts and grounds :-
FACTS.
The brief facts of the prosecution case as transpired
in FIR crime No.64/2016 are that the
complainant on behalf of the state ASI Ghulam Muhammad Panhwer of PS “A”
section Dadu lodged an FIR stating there in that he is posted as ASI in Police
station “A” Section Dadu, today on 21.3.2016 I with subordinate staff each one namely P.C
2845Muhbat Ali, P.C 338 Najamuddin, P.C 3662 Abdul Aziz having arms and
ammunition in government vehicle No. SP 6766 being driven by driver PC Zafer
Ali left for patrolling in the jurisdiction vide D.D entry No.8/21-03-2016 at about 0845 hours,
for patrolling of area and checking. During patrolling when we reached south side Dadu Canal link road near Panj Mor,
it was about 1115 hours we saw that two persons were coming towards from South side possessing two black plastic
bags in their hands, who on seeing police mobile, tried to slip away west side, meanwhile we stopped and alighted
from vehicle. In such tact arrested both persons with possession of bags which
we seized in our custody. We checked the bags which contend hemp (Bhang). On
inquiry of arrested accused persons they told their names each one Ghulam
Hussain alias Dado S/O Phul By Caste Solangi R/O Peer Muhammad Murad Nako Dadu
2. Mumtaz alias Mamro S/O Ghulam Hussain Leghari R/O Mallah Chowk Dadu who were
taken into custody for having intoxicated substance . who were arrested above
mentioned crime, during body search of accused persons namely Ghulam Hussain
alias Dado Solangi recovered 80 rupees of different notes from his side pocket and body search of
Mumtaz alias Mamro recovered 70 rupees of different notes from his side pocket.
Which kept into police custody and having
recovered Bhang from Ghulam Hussain got weighed which was 5 K.G and other
recovered from Mumtaz alias Mamro it was also 5 K.G . then separate 100/100
grams of Bhang from both bags for Chemical test and rest was sealed. Accused
Ghulam Hussain Alias Dado Solangi arrested in crime No. 60/ 2016. Then prepared
such Mushirnama of arrest and recovery with signature of P.C Muhbat Ali and P.C
Najamuddin as no private mashir was available there. Then the complainant
brought arrested accused persons and recovered property at PS ,as above accused
persons commit an offence U/S 3/4 PEHO and
lodged FIR to this effect.
GROUNDS.
1. That the
applicant/accused is innocent and the alleged offence has not been committed by
him at all.
2. That the
applicant/accused has been falsely implicated by the complainant with malafide
intention and ulterior motives.
3. That no
independent witness has been associated by the complainant and all the PWs are
police officials and subordinate to the complainant who are setup, inimical and
hostile towards the applicant/accused.
4. That the property
has been foisted on the applicant accused .
5. That the place
of incident is thickly populated area despite no independent mashir of arrest
and recovery has been associated by the complainant party . which is violation
of section 103Crpc thus making the case of prosecution highly doubt full
6. That the
offence does not fall within the prohibitory clause.
7. That from the
facts & circumstances of the case, it appears that the case against the
applicant/ accused is false, managed and concocted one, hence needs further
probe into the guilt of the applicant/accused as contemplated under sub section
2 of section 497 Crpc.
8. That the
applicant/accused is under custody and no more required for further
investigation, therefore, his remaining in jail will not serve any purpose to
the prosecution.
9. That the
applicant/accused is not likely to abscond or temper with the prosecution
evidence.
10.
That the applicant/accused
is prepared to furnish solvent surety to the satisfaction of this Honorable
Court.
11.
That further and more
grounds shall be advanced by the under signed counsel after permission from
this Honourable Court .
Prayer is made in the best interest of
justice.
Dadu.
Dated. Advocate
For the applicant/accused
CERTIFICATE
This is to
certify that this is a first bail application U/S 497 Crpc, on behalf of the
above named applicant /accused and no bail application has been filed by the
under signed on behalf of above named applicant/accused before this court prior
to this bail application.
Advocate
Dadu. For the applicant/accused
Dated.
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