IN THE COURT OF 2ND ADDITIONAL DISTRICT & SESSIONS JUDGE
DADU.
Crml.Bail Appl.No: of 2016.
Sodho S/O Saeed Khan by caste
Chandio,
R/O Village Hasul Chandio taluka K.N Shah
District Dadu now confined in
District Jail Dadu--------------------------Applicant/Accused.
v/s
The state
-------------------------------------------------------------------------------Complainant.
Crime.No:65/2015
U/S.302,324,148,149,504,337Hii, 114, ppc.
P.S
. Sita Road
BAIL APPLICATION U/S 497 CRPC.
It is most respectfully prayed on behalf of the
applicant/accused that this Honorable Court may be pleased to enlarge him on
bail in the instant case pending trial in this honorable court in
aforementioned offence after consideration of the following facts and grounds.
FACTS:
The facts
giving rise to the prosecution story are that on 6-8-2015 at 1830 Hours
complainant Mst. Husna W/O Madad Ali Chandio appeared in PS Sita Road stating
therein that we have matrimonial dispute with Nazeer S/O Mitho Chandio and others and near
our village Hasul Chandio there is agricultural land on which we had cultivated
paddy crop . on the morning 20-8-2015 I and the wife of my brother-in-law
namely Shareefan W/O Muhammad Khan and my relative Kamil W/O Muhammad Hassan
Chandio R/O Village Hasul Chandio were collecting grass from the paddy crop while
my son namely Asad S/O
Madad age about 17 years was spreading fertilizer on the
paddy crop, at about 9 Hours we saw and recognized accused every one 1. Nazeer
S/O Mitho Khan armed with K.K 2. Javed S/O Noor-ul-din armed with K.K 3. Sodho S/O
Saeed Khan armed with K.K 4. Yasir alias Arfat S/O Gulab armed with K.K 5.Majeed
S/O Ali Gohar armed with repeater 6.Aziz S/O Muhammad Musa armed with D.B.B.L
Gun 7.Mor S/O Ali Haider armed with gun 8.Rajab S/O Musa 9.Haji Nawab S/O
Fareed 10.Tooh S/O Majeed 11. Misri S/O Gulsher 12. Manzoor S/O Saleh 13.
Shahid S/O Saindad 14. Wahid S/O Nazeer 15.Waheed S/O Ghulam Hussain 16.Muslim
S/O Wali Muhammad 17.Nazeer S/O Shahan 18. Sobho S/O Waris 19.Shams S/O Qaim
Khan 20.Mithal S/O Gaji Khan 21.Shahan S/O Gaji 22. Ranjhan S/O Mithal 23.
Khairal S/O Allah Dino armed with Kilekshankov 24.Ghafar S/O Haji Budho 25.Shareef
S/O Manzoor 26.Nazeer S/O Muhammad Umer 27.Ashraf S/O Shahan 28. Akber S/O
Shahan 29.Ayoub S/O Waris 30.Aazam S/O Jumo 31.Arbab S/O Wariyal 32.Rano S/O
Saeed Khan 33.Ranjhan S/O Qaimuddin 34. Hameed Khan S/O Ali Gohar 35. Gulab S/O
Buxl khan armed with G3 rifles all by caste Chandio R/O Village Hasul khan
chandio taluka KN Shah 36.Anwer S/O Dhani Bux 37. Nadir S/O Anwer by caste
chandio R/O village Mithi wahan taluka Dadu 38. Gulab S/O Soomer 39.Anwer S/O
Muhbat 40.Mirzo S/O Nawab 41. Jabal S/O Koro Khan 42. Aazam S/O Koro Khan 43.
Bux Ali S/O Dad armed with G3 rifles 44. Yousaf S/O Dad 45.Sobdar S/O Sohrab
Khan 46. Aijaz S/O Jagan Khan 47.Sudheer S/O Qameruddin 48.Darya Khan S/O Kirer
armed with repeater 49.Aslam S/O Lehno Khan 50. Jagan S/O Muhbat Khan 51. Lehno
Khan S/O Soomer 52. Khalid S/O Allah Dito 53.Waheed Ali S/O Bux Ali armed with
guns all by caste chandio R/O Village Khair Muhammad Chandio Taluka K.N Shaha 54.
Munwer S/O Anwer chandio armed with G3 rifle R/O Mithi Wahan taluka Dadu came
running, shouting and hurling abuses. all the accused with intent to harass us,
create panic and terror resorted to indiscriminate aerial firing and saying
today we will see you. saying so, accused Nazir and Jawed chandio instigated
the other co-accused to seize us and commit our murder. on their instigation,
accused Sodho and Yasir @Arafat made straight fires with their respective KKs
at my son Asad with intent to commit his murder which hit him who fell on the ground with cry. the other
accused with intent to commit our murder made straight fires at us but we hid
behind the barrier of earth so the fires did not hit us. then all the accused
went away eastward making fires and chanting slogans. we saw that my son Asad
had received fire-arm injuries on chest and left arm. blood was oozing from him
and was lying unconscious, died instantly in our presence. We took the dead
body to Government Hospital Sita Road from where we informed Police P.S Sita
Road .the police came and conducted necessary procedures and after post mortem
handed over the dead body which we buried. Now I lodge an F.I.R that the
aforementioned accused on matrimonial dispute the accused sodho and Yasir @
Arafat on the instigation of accused Jawed and Nazir have committed murder of
my son Asad.
After registration of F.I.R , the police investigated the
case and submitted challan in the court. Subsequently the applicant/accused was
arrested and sent to District Prison Dadu.
Grounds
1. That the applicant
/accused is innocent he has not committed offence at all.
2. That the
applicant/accused has been falsely & malafidly implicated in the crime due to non payment of
extortion amount to the husband of the complainant namely Maddu Chandio who is
notorious dacoit and is involved in a number of cases of murder , robbery,
kidnapping etc.
3. That the prayer to this
incident the complainant party had commited four murders of the brothers and
the cousins of the applicant accused against whom FIR 63/2015 PS Sita Road U/S 302,324,
147,148,149,337Hii, read with section 6/7 of Anti Terrorism Act was registered
against the complainant party and the case is pending Honourable Judge Anti
Terrorism court .
4. That the prior the both
incidents the applicant/accused party had filed constitutional petition No.
1155/2015 in the High court of sindh circuit Larkana seeking protection against the complainant
party as the husband of the complainant had made the life of accused party
miserable and had been constantly demanding the extortion money. (copy of the
petition is attached here with).
5. That the
applicant/accused party had also sent an application on 1-8-2015 apprehending fearful
assault by the husband of the complainant had prayed for protection against the
complainant party .(Copy of the application is attached here with).
6. That the complainant
party had also robbed the cattle from the applicant/ accused party and such FIR
bearing Crime No.52/2015 dated 14-7-2015 U/S 397,337Hii PPC was registered
against the complainant party .
7. That the
applicant/accused has been languishing in jail for a long time and there is no
possibility of commencement of trial in the near future hence keeping the
accused in jail shall not serve any purpose to the prosecution .
8. That the
applicant/accused is complainant in crime No.63/2015 and the case is pending in
ATC Noushehro Feroze and if he is not released the case shall be jeopardized as
four murders are committed .
9. That the complainant
party has lodged FIR after consultation and deep deliberation malafidely
nominating the applicant/accused who is complainant and eye witness to crime
No. 63/2015 hence case of the prosecution is full of doubt and flaws based on
malafide and alterior motives which requires further inquiry into the guilt of
applicant/accused as contemplated U/S 497/2 Crpc.
10. That It is surprising
that the complainant and PWs have identified 54 persons with arms and the role
and the occurrence is alleged to have taken place in the house of the
complainant and the deceased is stated to succumbed to his injuries on the spot
but the complainant did not call the police on the spot but took the deceased
to hospital which proved that no incident has taken place and deceased died
somewhere else .
11. That there is delay of
about 4 days in lodging of F.I.R which has not been properly explained by the
complainant which shows that the same has been lodged after consultation and
deep deliberation.
12. That the
applicant/accused is prepared to furnish the required surety to the
satisfaction of this Honourable court .
13. That the
applicant/accused is not likely to abscond or temper with the prosecution
evidence .
14. That further and more
points shall be argued with the permission of this Honourable court at the time
of hearing of instant bail application .
That the prayer is made in the best
interest of justice .
Dadu.
Dated.
Advocate
For the applicant/accused
C E R T I F I C A T E
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 counsel 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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