IN THE COURT OF SESSIONS
JUDGE DADU.
B.A No.__________ of 2016
1. Sarfraz Ali @
Sarfraz Hussain
2. Shazad Ali @
Shahzad Hussain
3. Seeraz Ali @
Sheeraz Hussain
All the sons of Ali Sher By
caste Panhwar
R/o Old Cattle Market Taluka Dadu
4. Allahwarayo
S/O Allah Dad
R/O Near BHP oil company
Dadu …...……Applicants/Accused.
V E R S U S
The State………………………...………………………Opponent.
Crime
No. /11
PS “B” Section Dadu
U/S 506/2,504,147,148,149
337Ai,
337Fi
BAIL APPLICATION U/S 497
Cr.P.C
It is humbly prayed on behalf
of above named applicants/accused that this honorable court may be pleased to
grant him bail in above cited crime and offences pending investigation on consideration of the following facts and
grounds :-
FACTS.
The facts of the prosecution case
as transpired in the FIR crime No. 13/2016 are that on 23-1-2016 the
complainant Muhammad Bux S/O Ali Sher Panhwer R/O Near Old cattle Market Police
Head Quarter Road Dadu, appeared at PS- B section Dadu stating there in that I
am residing in the above address, I have a rice mill along Police Line Head
Quarter Road Dadu which is run by me and my sons .Applicants/accused Sarfraz
and others instead of using main road they used the way from within the rice
mill to their home for which we forbade them. On this matter the applicants/accused
had altercation with us and use to say that they would teach us a lesson. On
22-1-2016 I my sons each one Ayaz Ali & Sajjad Ali were present in rice
mill at about 1700 hours applicants/accused every one 1 . Sarfraz Ali having
club in his hand 2. Shahzad Ali having iron rode 3. Sheraz Ali having iron rode
all sons of Ali sher by caste panhwer R/O Old Cattle Market near Police Head
Quarter Dadu 4. Allahwarayo S/O Allahdad Panhwer R/O near BHP oil company Dadu
armed with pistol and two unknown persons having bludgeons with open faces to
whom we saw and shall identify them if seen again having come to us, began to
hurl abuses to us on which my son Ayaz forbad them from using abusive language
on this all the accused persons struck blows to my son Ayaz Ali with bludgeons,
iron rods and pistols butts on head, back on other parts of body, I and my son
sajjad Ali entreated the accused persons of Almighty Allah, and the pedestrian/
passers-by also come running shouting in order to rescue us. The accused
Allahwarayo having seen the passers-by coming near to them, aimed his pistol at
us and threatened that we have survived to day but if we lodge complaint
against the applicants/accused or complain to any one, the applicants/accused
will commit our murder. Uttering such threats the applicants/accused went away
hurling abuses. Then we received letter from PS for treatment of injured Ayaz
ali for Civil Hospital. After treatment I have appeared before PS investigation
may be conducted .
GROUNDS.
1.
That the Applicants/accused
are innocent and the alleged offence has not been committed by them at all.
2.
That the applicants has been
falsely implicated by the complainant party due to admitted enmity with
malafide intention and ulterior motives.
3.
That the malafide intention
of the complainant is clear that he has implicated three real brothers and one
their relative in this false case only in order to see them in trouble.
4.
That there is delay of 2630
hrs in lodging of FIR without any
plausible explanation which shows that same has been lodged after consultation
and deliberation.
5.
That no specific roll has
been assigned to the applicants/ accused in commission of the alleged offence.
6.
That the applicants/accused
No.1,2 and 3 are step brothers of complainant.
7.
That in fact no such
incident was taken place as alleged by the complainant, but there is dispute between
the parties over the shares of property therefore the complainant has made fake
story and implicated the applicants/accused along with other male members of
the family with malafide intention.
.
8.
That from the facts and
circumstances of the case, it appears that the case against the applicants/accuse
is false, managed and concocted hence needs further inquiry.
9.
That other and more points
will be argued at the time of hearing of this bail application with permission
of this honorable court.
10.
That the applicant/accused is
not likely to abscond or temper with the prosecution evidence and is ready to
furnish required surety to the satisfaction of this honorable court.
11.
Prayer is made in the
interest of justice.
Dadu.
Dated.
Advocate
For Applicant / Accused.
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