IN THE COURT OF SESSIONS
JUDGE DADU
Session Case No. of 2010
Criminal Bail Application No. of 2010
1. Waheed Ali S/o
Muhammad
Soomar Solangi, minor R/o
Village Pachooha Taluka Dadu
2. Ghulam Asghar S/o Muhammad
Meeral
Brohi R/o Soorajabad
Muhalla
Dadu, Now confined in
District Jail Dadu……………...……Applicants/accused.
V E R S U S
The State………………………………..Opponent.
Crime No. 550 of 2009
Police Station Dadu
U/S 17/3 H.O .
CRIMINAL BAIL APPLICATION U/S 497 OF
CRIMINAL PROCEDURE CODE 1898
It is humbly and respectfully prayed
on behalf of the above named applicants/accused that this honorable court may kindly
be pleased to admit him on bail in the above mentioned crime and offences,
pending trial before this Honorable Court on the consideration of the following
facts and ground :-
FACTS.
Complainant Syed Asif Ali Shah lodged
FIR on 24.12.2009 at 1500 alleging therein that he owns Al-shahbaz Admore CNG
Station on Indus High Way in Markhpoor Muhalla Dadu which he himself manage and
usually he deposits cash in Allied Bank Dadu. It is alleged that on 17.12.2009
the complainant as usual, left his CNG Station for Allied Bank by putting cash
of Rs.3,33040/= and a CNG Book in a bag by Motor Cycle when at about 11:00 AM
the complainant reached towards northern side of police line Dadu on Road Near
Alamdar Road, he was intercepted by four culprits who were armed with Pistols
and asked to stop therefore the complainant due to fear stopped there and one
culprit aimed his Pistol at complainant at some distance while the rest three
culprits encircled the complainant, robbed the bag of cash and one culprit
snatched the key of Motor Cycle when Syed Saleh Muhmmad Shah and Syed Altaf
Husain Shah and so many other passers by also witnessed the incident. It is
alleged that complainant identified two culprits namely Waheed Ali Solangi and
Ghulam Asghar Brohi, where as the two will be identified if seen by him and the
said Waheed Solangi and Asghar Brohi fled away with cash and two other ran away
by Alamdar Road. It is further alleged that PWs Saleh Muhmmad Shah and Altaf
Hussain Shah informed the complainant that they have also identified the
accused Waheed Solangi and Ghulam Asghar Solangi. Thereafter the complainant gave
such information at P.S Dadu but did not get register the case therefore the
complainant lodged the FIR to this effect on 24.12.2009.
Police started investigation, and
arrested the applicants/accused and finally challaned the case hence this bail
application.
GROUNDS
1.
That the applicants/accused are
innocent and the alleged offences has not been committed by them at all. They have been implicated in this false,
managed and concocted case by the complainant with malafide intention and
ulterior motive in connivance of Police of Dadu Police station.
2.
That accused Waheed Ali is a
minor boy who was taken away by SHO Dadu and was kept in wrongful confinement for about a weak
before the alleged day of incident i.e 23.12.2009 therefore the relatives
of accused Waheed Ali were coming to
Honorable Court for seeking justice in this respect but the police of P.S Dadu
intercepted them and severely and mercilessly started firing upon the houses of
the relatives of accused Waheed Ali as well as inflicted Danda blows to father
of accused Waheed Ali, and seriously injured the other co-villagers of village
Pachooha which illegal action and violence was telecasted by so many T.V
Channels therefore the police in order to save their skin started lodging false
series of FIRs bearing Crime No.545 of 2009, 542 of 2009, 543 of 2009 against
the applicants/accused and his other forty relatives and the present FIR is one
of those false FIRs, Therefore Mst.Noshad the cousin of accused Waheed Ali has
filed an application U/S 22 Ab Cr.P.C against the said police officials of Dadu
P.S and the Honorable Court was pleased to refer the injured relatives of
accused Waheed Ali to Civil Surgeon Civil Hospital Dadu for examination,
treatment and certificate who were examined by M.O and such Medico legal
Certificates in respect of injuries have been issued.
3.
That there is delay of 7
days in lodging of the FIR and no cogent and satisfactory explanation has been
furnished by the complainant.
4.
That the witnesses namely
Syed Saleh Muhmmad Shah and Syed Altaf Hussain Shah are admittedly relatives of
the complainant, who are setup and interested and there is no independent
witness of the alleged incident though the alleged incident had taken place in
thickly populated area of Dadu town and police line Dadu.
5.
That the FIR has been lodged
by the complainant with consultation and deliberation after seven days of the
alleged occurrence.
6.
That there are no reasonable
grounds to believe that the applicants/accused are guilty of the alleged
offences and the case is of further enquiry.
7.
That there is no recovery of
the alleged stolen articles from the possession of the accused/applicants.
8.
That the applicants/accused
are not likely to abscond or temper with the prosecution evidence.
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
applicants/accused are prepared to furnish solvent surety to the satisfaction
of this honorable court.
11. That the copy
of FIR of present case, other three FIRs and application U/S 22 Ab Cr.P.C,
Medical Certificates and Vakalatnama are submitted herewith.
12. That the prayer is made in the interest of
justice.
Dadu.
Dated. 04.01.2010
Advocate
For the applicants/accused.
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