IN THE COURT OF SESSIONS JUDGE, BADIN

Criminal bail application No. of 2016

Mehboob Ali ……..………………..……....……......Applicant/Accused

Versus

The State ………………………..……..……….

……………….Respondents

INDEX

SR. PARTICULARS ANNEXURE PAGES

NO.
1. Memo of Bail Application

2. P.S. copy of FIR Annexure “A”

3. Annexure “B”
P.S. copy of Challan

4. Affidavit of applicant/accused

5. Certificate

6. Vakalatnama Annexure “C”

Badin Advocate for

Dated 28.07.2016 applicant/accused
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IN THE COURT OF SESSION JUDGE BADIN

Bail application No. of 2016

Mehboob Ali son of Muhammad Achar,

Muslim, Adult, Khaskheli by caste,
R/o village Vee Makan,
Taluka S.F.Rahu, District Badin …………….……..Applicant/Accused

Versus

The State………………………………….…………………….Respondent

BAIL APPLICATION U/S 498 CR.P.C

IN CRIME NO. 52 OF 2016, P.S. KARIO
GANHWAR, REGISTERED UNDER
SECTION 302, 324, 114, 147, 148, 149,
337-H(II), 504 P.P.C.

It is prayed on behalf of the applicant/accused that

this Honorable Court may be pleased to grant him pre-arrest bail

in the above crime on the following facts and grounds :-

F A C T S:-

It is submitted that complainant lodged report on

20.06.2016 with alleged fact that he is residing in village Vee

Makan along with his father Muhammad Soomar and his brother

Nazir Ahmed aged about 35 years. The accused Abdul Sattar and

others are not on good terms with them on dispute on Pad and

agricultural land. He alleged that on 19.06.2016 his brother Nazir

Ahmed was bathing in watercourse outside of their houses,

accused Usman passes through way on motorcycle and he

stopped the motorcycle and abused Nazir Ahmed saying that you
 3

shall not vacate the land today we shall see to you and then he

went some paces and then he called through phone his fellows

along with weapons, in the meantime accused Usman armed

with 2-2 riffle accused Muhammad Hussain armed with pistol,

Accused Gulabi armed with pistol, applicant/accused Mehbood

armed with pistol, accused Mir Muhammad armed with hatchet,

accused Achar armed with lathi, accused Abdul Sattar and one

unidentified armed with hatchet, he shall be identified if seen

again, he alleged that all the accused were coming by aerial

firing to their houses on which PW Muhammad Soomar, Nazir

Ahmed and Ghulam Nabi and I myself came out from our houses

at about 07-00 p.m. accused were reached there where accused

Abdul Sattar instigated rest of accused that not to spare the

complainant party on which accused Usman straight fired from

his 2-2 riffle which hit to Nazir Ahmed on his head, accused

Muhammad Hassan fired from his pistol which hit Nazir Ahmed

on his head, while accused Gulabi fired from his repeater which

pallets received PW Ghualm Nabi on his legs. He further alleged

that accused Mir Muhammad gave hatchet and accused Achar

gave lathi, present applicant gave hatchet and unidentified

culprit also gave hatchet to PW Muhammad Soomar, Muhammad

Soomar received hatchet on his head and he received lathies on

his other parts of body, Soomar fail down and then all the PWs

raised cries on which PW Abdul Jabbar Mallah and others also

reached there they gave sakes of Allah to the accused and save

the complainant then accused went away while making firing in

the air and then complainant party saw PW Soomar had received

injuries on his head and other parts of body who also was

unconscious and blood was oozing, they also found the injuries of

pallets on legs of Ghulam Nabi and the blood was oozing and
 4

then they took the injured at Civil Hospital, Badin where Dr.

disclosed Nazir Ahmed has already been died while they got

treatment of other injured and he disclosed that police were also

reached on their call at Hospital and then got conducted the

postmortem of Nazir and then lodged the above report

accordingly.

It is submitted that the police has arrested accused

Shoukat, Mir Muhammad, Usman and others and police have

submitted the challan and released the applicant/accused under

section 497 Cr. P.C. by mentioning his name in column No.2,

thereafter, the learned Magistrate disagreed with police and

issued N.B.Ws against the applicant/accused now the police is

behind the applicant/accused, hence this bail applicant.

G R O U N D S:-

1. That the applicant/accused is innocent and has

falsely been implicated by the complainant due to enmity over

agricultural land though the applicant is no concerned with their

dispute but he is being nekmards of his community and hence

has falsely been implicated.

2. That the FIR is delayed for about 13 hours though the

place of incident is at 25 kilometers from P.S. though PP Tarai

would be at ¾ kilometer from place of incident but police did not

lodge their report promptly only in order to consultation and due

deliberation to implicate the numbers of other persons of

Khaskheli community.

3. That after conducting usual investigation, the police

has released the applicant /accused under section 497 Cr. P.C.

4. That as per contents of the FIR the complainant has

shown general role to the present applicant /accused.

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5. That as per contents of FIR the complainant

disclosed that he was inside of his house when the deceased

Nazir was bathing in such situation the threats of murder to

deceased Nazir and then to call the others persons by accused

Usman could be disclosed by deceased Nazir Ahmed but the

complainant did not disclosed in such manner which makes the

case of further inquiry.

6. That the co-accused Muhammad Achar has been

granted bail by this Honourable Court, the case of

applicant/accused is on same footing than the co-accused

Muhammad Achar hence the rule of consistency is applicable in

present case.

7. That the applicant-accused respectable person and is

ready to furnish solvent surety to the satisfaction of this

honourable court.

8. That it is in the interest of justice to grant him pre-

arrest bail.

9. That the further grounds shall be taken at the time of

arguments.

The p.s copy of FIR and challan are attached

herewith for kind perusal.

Badin Advocate for

Dated:- 28-07-2016
applicant/accused
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IN THE COURT OF SESSIONS JUDGE BADIN

Bail Application No. of 2016

Mehboob Ali ………….………..…..,……....……......Applicant/Accused

Versus

The State…………………….……….………………………….Respondent

AFFIDAVIT

I, Mehboob Ali son of Muhammad Achar, Muslim,

Adult, Khaskheli by caste, the applicant in above bail
application do here by state on solemn affirmation as under:-
1. That I am innocent and have falsely been implicated
by the complainant due to enmity over agricultural land though I
am not concerned with their dispute but I am being nekmards of
his community and hence has falsely been implicated.
2. That the police is malafide in investigation, I am in

danger of my disgracement, humiliation and unjustified arrest,

hence I have surrendered before this Honorable Court.

3. That the contents of this affidavit have been read

over to me in Sindhi language, which I know.

4. That whatever stated above is true and correct to the

best of our knowledge and beliefs.

Deponent

I know the deponent

Badin Advocate
for
Dated :- 28-07-2016
Applicant/accused
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IN THE COURT OF SESSIONS JUDGE, BADIN

Bail Application No. of 2016

Mehboob Ali ………….………..…..,……....……......Applicant/Accused

Versus

The State……………………………….……….…….…………Respondent

C E R T I F I C A T E.

In view of Honourable Supreme Court decision

dated 22.01.2014 passed in Cr. Revision Petition No.8L and 10L

of 2013, this is to certify that prior to this bail application the

present applicant/accused has not filed any bail application in

Crime No. 52 of 2016 of police station Kario Ganhwar U/S 302,

324, 114, 147, 148, 149, 337-H(II), 504 P.P.C. The facts

mentioned in above certificate if found incorrect I shall be

personally held responsible with consequences.

Advocate
For applicant/accused