IN THE COURT OF DISTRICT & SESSIONS JUDGE DADU.
Bail
Application No. of 2016
1.
Lal Bux S/O
Ghulam Haider ,
2.
Ali Hassan
@ Aalam S/O Ibrahim
Muslims, Adult both
by caste Leghari
R/O
Village Ketti Ismail Taluka Johi District Dadu.
now confined in
District Jail Dadu………………..Applicant/accused.
Versus
The
State…………...…………..……………………….…….Opponent.
Crime
No.10/2016
P.S Kasbo
P.S Kasbo
U/S:
324,440,147,148,149 ,109,
504 , 337Ai,337Fi PPC.
BAIL
APPLICATION U/S 497 Cr.P.C.
It is humbly prayed on behalf of above named applicants/accused that this honorable court
may kindly be pleased to grant them bail, in above mentioned crime and offence,
on consideration of the following facts and grounds :-
FACTS
Brief facts of prosecution case are that the Complainant
namely Ghulam Murtaza lodged an FIR in P.S
Kasbo on 5-9-2016 stating there in that I have agricultural land which I myself cultivate . my land is beside the
houses of Accused Lal Bux in which the
crop of barley is grown . about 7/8 days ago accused Lal Bux Leghari and others destroyed the
barley crop grown on about 10/15 ghuntas . then we demanded Fesla from accused
Lal Bux Leghari , he said I will give you Fesla in two or three days . yesterday on 4-9-2016 I and my cousins each
one namely 1.Ali Asghar 2. Ghulam Nabi 3. Ali Nawaz all sons of Koro Khan 4. My
brother Rafique and my relatives 5. My uncle Muhammad Khan S/O Soomar Khan 6.
Ammanullah S/O Makhno Khan 7. Hakim S/O Ali Sher 8. Mazhar Ali S/O Ghulam Nabi
9. Abid S/O Ali Asghar 10. Sikander S/O Hussain Khan all by caste Lehari R/O Village
Shahwani Leghari taluka Johi came in Qasbo Village for personal work .Then I along
with my cousin Ali Asgher came to take tea in Moosa Leghari hotel beside barren Land of Haji
Lal Leghari. About 6 PM evening accused each one namely 1)Lal Bux S/O Ghulam Haider
having hatchet 2)Ghulam Haider son of
Lal Bux having hatchet 3)Haneef son of Lal Bux having iron bar 4)Niaz son of
Kouro having bludgeon 5)Riaz son of Kouro having bludgeon 6) Nezeer 7)Aalam both sons of Ibrahim having
bludgeons 8) Shahnawaz son of sher Khan having bludgeon 9) Sajjad 10) Sadam
both sons of Shahnawaz 11) Wazeer son of Shahnawaz 12)Majnu son of Hameed
having bludgeons all by caste Leghari R/O Village Ketti Ismail 13) Khamiso S/O
Jamal Khan Leghari R/O Juma Kurkali Leghari having bludgeon Taluka Johi came to
us. All accused after hurling abuses at us said that you have demanded Fesla of
destroyed barely crop, today we will teach you lesson. We told them to be gentlemen don’t use abusive
language. damage has been caused to us .All accused in a fit of fury, accused
Lal Bux and Ghulam Hyder Leghari caused hatchet blows on head and right hand of my
cousin Ali Asghar with intent to commit his murder who fell on the ground after
a loud cry . accused Haneef caused blow
with iron bar which hit me on my head
and left shoulder then I raised loud cries which attracted my relatives Ghulam
Nabi, Ali Nawaz, Rafique , Muhammad Khan, Amanullah, Hakim, Mazhar Ali, Abid, Sikandar
came running to us . then the accused caused hatchet , iron bar and bludgeons blows
on our relatives left behind. On the hue and cry the local people gathered
there then all the accused went away east ward by hurling abuses. then we came
to PS Kasbo and received a letter for treatment in Taluka Hospital Johi after
treatment I appear here and lodge a complaint that on the instigation of Ali
Nawaz S/O Hussain Leghari R/O K.T Ismail Taluka Johi District Dadu now residing
in Kotri town above accused on the issue of barley caused hatchets , iron bars
and bludgeons blows to us with intent to commit our murder. Investigation may
be conducted .
After
registration of FIR , Police arrested the applicants/accused who were sent to
District Jail Dadu .hence this application .
GROUNDS.
1.
That the
applicants/accused are innocent and the alleged offence has not been committed
by them at all.
2.
That the
applicants/accused have been implicated in this false, managed and concocted
case by the complainant with malafide intentions and ulterior motives, due to destruction
of barely crop which fact has been admitted by the complainant party in the
contents of FIR .
3. That bare
reading of the FIR shows no specific role is attributed to the
applicant/accused in commission of the alleged offence.
4.
That all the
PWs being close relatives of the complainant are interested, setup inter-se and
hostile towards applicants/accused.
5.
That in
existence of the enmity between the parties, the false implication of the
applicants/accused can not be ruled out.
6.
That in
fact the complainant party came to fight with the applicants/accused as a
result applicants/accused Haneef and Sadam have sustained injuries which fact
has been concealed by the complainant party and such F.I.R bearin Crime
No.11/2016 has been lodged by the applicants/accused party.(Copy of F.I.R
enclosed herewith).
7. That it is
well settled law that the case U/S 324 PPC will be treated as per section of
injuries, therefore the case is one of
further inquiry.
8. That there is
delay of more than 15hours in lodging of
FIR and no such explanation has been furnished by the complainant although the
alleged place of incident is at the distance of only 2 furlong from police station, which shows that the
same is lodged after consultation and deliberation and is not free from doubt.
9.
That the
applicants/accused have been implicated in this false and fabricated case
largely due to political rivalry existing
between the complainant and accused party .
10.
That from
the facts and circumstances of the case, it appears that the case against the
applicants/accused is false, managed and concocted hence needs further probe
into the guilt.
11.
That the
compromise between the parties has been effected.(Copy of the compromise
Affidavits are enclosed herewith).
12.
That the
applicants/accused are lanuishin in the jail and their further detention shall
not serve any purpose to the prosecution.
13.
That the other
and more points will be argued at the time of hearing of this bail application
with permission of this Honorable court.
14.
That the
applicants/accused are not likely to abscond away and are prepared to furnish
solvent surety to the satisfaction of this honorable court.
15.
That copy
of FIR,compromise affidavits and Vakalatnama are submitted herewith.
16.
That the
prayer is made in the interest of justice.
Dadu.
Dated.
Advocate
For the applicants/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, filed on behalf of the above named applicants
/accused and no bail application has been filed by the under signed counsel on
behalf of above named applicants/accused before this court prior to this bail
application.
Advocate
Dadu. For
the applicants/accused
Dated.
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