IN THE COURT OF SESSIONS
JUDGE DADU
S. Case No. of 2010
Bail
Application No. of
2011
Altaf S/o Mohammad
Khan by
Caste Jamali R/o village Uris Jamali
Near Allah Bachaio Jamali Taluka Johi
District Dadu, Now confined in District
Jail Dadu
…………….………………...…...……Applicant/accused.
V E R S U S
The
State…………………………..…..Opponent.
Crime No. 196 of 2010
P.S Rukkan
U/S324,353,399,401
PPC.
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 before this
honorable court, on consideration of following facts and grounds :-
FACTS.
The brief facts of case are that
on 27.12.2010 at 1900 hours complainant Inspector
Ghulam Abbass Babar lodged FIR with PS Rukkan on behalf of the state, alleging
therein that he is posted as S.H.O at PS Rukkan. On 27.12.2010 he alongwith his
subordinate staff left P.S on a private vehicle, vide D.D entry No. 14 at 1730
hours for patrolling of area and during patrolling, when they reached at link
road Paat to Dubi near Dargah Pir Haji Ismail, they saw that four armed persons
came onto the road from eastern side, who were identified on the head light of
vehicle to be 1) Ashique Birhamani armed with SBBL gun 2) Ghaffar Chandio with
gun 3)Mour @ Mouroo with repeater 4)Altaf Jamali with pistol, who considering
to be a private vehicle signaled the complainant party to stop with intention
to rob them. The complainant party at once stopped vehicle and got down. Having
seen the complainant party in uniform the accused persons opened straight fires
towards complainant party intending to commit their murder. As such complainant
party got positioned and made fires in their defense and with strategy proceeded
towards them. This encounter last for about 10 minutes and then firing from
accused side stopped and one accused person surrendered who was captured by the
complainant while three accused persons taking advantage of darkness made their
escape good towards east. Complainant party took the gun of the captured
accused into custody, checked it and found it in working condition. The accused
was inquired about his name and whereabouts to which he disclosed his name as Ashique
S/o Ghulam Nabi Birhamani. About gun he disclosed that it was un-licensed. The
complainant conducted body search of the accused and found nothing. The
complainant asked the accused about escaped accused persons to which he
disclosed their names to be Ghaffar Chandio, Mour @ Mouroo Chandio and Altaf
Jamali. Such mashirnama of arrest and recovery was prepared by the complainant
with signatures of HC Dildar Ali and PC Mohammad Bachal on head light of
vehicle. Thereafter the complainant party brought accused and property at PS
and he lodged FIR to this effect.
Police after usual investigation
submitted challan showing the accused/applicant as absconder. Subsequently he
was arrested and now is confined in District Jail Dadu, hence this bail
application.
GROUNDS.
1. That the
applicant/accused is innocent and the alleged offence has not been committed by
them 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.
3. That the case
is of ineffective firing.
4. That the
alleged encounter has continued for 10 minutes but surprisingly none from
either side has received any single injury or scratch, even the bullets did not
hit the parked vehicle.
5. That there are
general allegations against the applicant/accused and no specific role is
attributed to him in commission of the alleged offence.
6. That the
investigation has already been completed and challan has been submitted
therefore more detention of the applicant/accused will serve no purpose.
7. That the PWs
are police officials and subordinate of the complainant hence are setup,
inimical and hostile towards applicants/accused.
8. That the
alleged offences do not fall within the prohibitory clause of section 497
Cr.P.C.
9. That it is a
night time incident and identification of the accused/applicant on head light
of vehicle is the weakest piece of evidence.
10.
That the applicant/accused was all along
present at his village and was un-aware
about his implication in this false and
concocted case but he was malafidely shown as absconder.
11.
That the Applicant/accused is not likely to
abscond or temper with the prosecution if admitted to bail.
12.
That the applicant/accused is prepared to
furnish solvent surety to the satisfaction of this Honorable Court.
13.
That other and more points will be argued at
the time of hearing of this bail application with the permission of this
honorable court.
14.
That the prayer is made in the interest of
justice.
Dadu.
Dated. Advocate
For the applicant/accused
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