IN THE COURT
OF SESSIONS JUDGE DADU
Bail Application No. of
2011
Altaf S/o Mohammad
by caste
Mureedani
Jamali R/o village
Uris Jamali
Taluka Johi District
Dadu, Now
confined in District
Jail Dadu …………….………...……………...…Applicant/accused.
V E R S U S
The
State………………………………………………..…..Opponent.
Crime No.96/11
P.S Johi
U/S 365,109PPC.
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 trial
on consideration of following facts and grounds :-
FACTS.
The brief facts of prosecution
case are that on 23.07.2011 at 11300 hours complainant Badarudin Rahoojo lodged
FIR with PS Johi alleging therein that he is veterinary doctor and has clinic
at Chhandin Mori where he goes daily in the morning and about 07:00 pm in the
evening he returns back. He also goes to different villages for treatment of
cattle. Namely Bachal @ Nano Sekhani Jamali took the complainant to his village
several times for treatment of cattle, but whenever the complainant demanded
fees from him he used to say that if he demands money from him he will get the
complainant kidnapped. The complainant also used to go to village Allah Bachayo
where he has another veterinary clinic and used to go to nearby villages for
treatment of cattle. On 21.06.2011 in the morning the complainant came at his
clinic and at about 11:15 am he went to his clinic at village Allah Bachayo on
his Road Prince motorcycle. When the complainant reached at village Allah Bachayo
Jamali near Thadhri Peer graveyard at 11:30 am he saw that three accused
persons were coming on a 125 motorcycle who were identified by the complainant
to be 1)Altaf 2)Yameen both by caste Mureedani Jamali and 3)Ali Hassan Mastoi
who having come near the complainant jammed his motorcycle, got down, took out
pistols from their folds and said to the complainant that as to why he demands money from their friend Bachal @ Nano
Sekhani Jamali. He further alleged that accused Yameen and Altaf Jamali got on
the complainant’s motorcycle and put their pistols at his back and made him
drive the motorcycle while accused Ali Hassan was also following the
complainant. As soon as they crossed “Band” the accused persons kidnapped him and
brought him at village
of Ali Hassan Mastoi
Police after usual investigation submitted
challan and sent the applicant/accused to jail, 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 falsely implicated the applicant/accused in this
case by the complainant with malafide intention and ulterior motives.
3.
That even alleged
place of incident is a busy road but there
is no witness of the alleged incident and the complainant himself is the only
witness of the incident which makes the case of prosecution highly doubtful and
one of further inquiry.
4.
That there
is delay of more than two days in lodging of FIR.
5.
That it is
also incredible that the accused persons kidnapped the complainant alongwith
his motorcycle but after two days voluntarily released him and also returned
his motorcycle.
6.
That the
applicant/accused has no concern with one Bachal @ Nano Jamali as he is Sekhani
Jamali while the applicant/accused is Mureedani Jamali.
7.
That the
alleged offences do not fall within the prohibitory clause of section 497
Cr.P.C.
8.
That the
Applicant/accused is not likely to abscond or temper with the prosecution
evidence if admitted to bail.
9.
That the applicant/accused is prepared to
furnish solvent surety to the satisfaction of this Honorable Court.
10.
That other and more points will be argued at
the time of hearing of this bail application with the permission of this
honorable court.
11.
That the prayer is made in the interest of
justice.
Dadu.
Dated.
Advocate
For the applicant/accused
IN THE COURT OF SESSIONS JUDGE DADU
Bail Application No. of 2011
Altaf Jamali…..……….………...……………...…Applicant/accused.
V E R S U S
The
State………………………………………………..…..Opponent.
Crime No.96/11
P.S Johi
U/S
365,109PPC.
AFFIDAVIT
I S/o by caste
R/o Dadu do hereby state
on oath as under:-
1.
That I am
complainant in the above case and am well conversant with the facts of this
case.
2.
That on 21.06.2011
some culprits kidnapped me as such I lodged FIR bearing crime No.96/2011 at PS
Johi U/s 365,109 PPC.
3.
That I have
not given the name of applicant/accused Altaf Jamali in my FIR, as he is not my
culprit as such I totally exonerate him from the commission of above offence.
4.
That I have
no objection if this honorable court may be pleased to grant bail to
applicant/accused Altaf Jamali as he is innocent and police has dragged him in
present case with their own accord.
5.
That I am
swearing this affidavit with my own accord, free will and without any force,
pressure or consideration etc.
6.
That what
ever stated above is true and correct to the best of my knowledge and belief.
Dadu.
Dated.
Deponent
I know the deponent
Advocate Dadu
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