IN THE COURT DISTRICT & SESSION JUDGE, KOTRI

Pre-Arrest Bail application No. Of 2019

1.Rahib s/o ali gohar chandio

R/o gareeb abad jamshoro
2.Qaim s/o hot muhammad gaencho
R/o asal kalri hal village Allah rakhio khoso
3.Yaseen s/o dosan chandio
R/o raees aetbar khan chandio district Qambar shehdadkot
- - - - - - - - - -APPLICANT/ACCUSED

V E R S U S

THE STATE - - - - - - - - - RESPONDENT/COMPLAINANT

FIR No. 24/2019

Police Station Jamshoro
U/S 380,457 PPC

BAIL APPLICATOIN U/S 498 CR.PC

It is respectfully prayed on behalf of applicant/accused that this

Honourable Court may be pleased to admit the applicant/accused on

Pre-Arrest BAIL in above FIR No.24 of 2019 of Police Station

jamshoro for offence punishable U/S.380 , 457PPC on consideration

of following facts and grounds: -

F A C T S

The facts of prosecution case as reflected and gleaned out of the

FIR registered on 24-01-2019 at about 22:00 hours, complainant Ali

dost gaencho appeared at PS Chamber and lodged FIR regarding an

incident took place on 21-01-2019 at about 02:00 hours,….

wherein alleged that he is Zamindar by profession and has not good

terms with Ghulam Mustafa s/o Ali Mohammad Leghari and his

relatives on account of landed property. According to complainant,

they cultivate the agricultural lands of Saleh Kalro on lease, which

is situated near the viliage of accused persons and on t he day of

incident, viz 07-08-2013 at morning time, he and his relatives each

one Ahsan Ahmed s/o Abdul Shakoor Leghari, Ajeeb

Ahmed s/o Abdul Rafique Leghari, Noshad Ahmed s/o Mohammad

Usman Leghari, Mohammad Ilyas slo Haji Sonharo Leghari, Moula

Bux s/o Mitho Leghar and Razi Ahmed s/o Mohammad Usman Leghari

were busy in doing work in the field of cotton crop. In the meantime

at about 9-00 am, each Ghulam Mustafa Leghari armed with rifle,

Ghulam Nabi Leghari armed with rifle, Ghulam Murtaza amed with

pistol, Liaquat Ali Leghari armed with rifle, Salahuddin Leghari

armed with rifle, all sons of Ali Mohammad Leghari, Abdul Ghani

Leghari armed with pistol, Abdul Qadir Leghari, armed with rifle,

both sons of Khan Mohammad Leghari, Shakeel Ahmed s/o Abdul

Qadir Leghari armed with gun, all resident of village Ghulam Mustafa

Leghari, came over there and they abuse complainant party and

accused Ghulam Mustafa with intention to commit murder, made

straight fire from his rifle upon Ahsan Ahmed s/o Abdul Shakoor

Leghari, who after receiving injury fell down in the watercourse arnd

Ghulam Nabi Leghari made straight fire from his rifle upon Ajeeb

Khan slo Abdul Rafique Leghari, who also sustained injuries and fell

down in the watercoursë, accused Liaquat Ali Leghari made straight

fire from his rifle upon Noshad Ahmed s/o Mohammad Usman

Leghari, who after receiving injuries fell down in the cotton crop.

According to complainant accused Salahuddin Leghari made straight

fire from his rifle upon Mohammad llyas slo Soonharo Leg hari, who

also after receiving injuries, fell down in the cotton crop and

remaining accused each Ghulam Murtaza Leghari, Abdul Ghani

Leghari, Shakeel Ahmed and Abdul Qadir Leghari with intention to

commit murder, made straight fires upon complainant party, to

which complainant, Moula Bux and Razi Ahmed fell down in the

cotton crop and took the shelter and made themselves like dead.

According to complainant, all the above named accused were making

straight fires upon them, and due to firing, persons, who were
working in nearby lands attracted, and accused on seeing them,

went away towards their lands Thereafter, complainant alongwith

Moula Bux and Razi Ahmed saw that Ahsan Ahmed Leghari and Ajeeb

Ahmed Leghari were lying dead, who were taken out from

watercourse and noticed that Ahsan Ahmed Leghari having bullets

injury at left watercourse artd Ghulam Nabi Leghari made straight

fire from his rifle upon Ajeeb Khan s/o Abdul Rafique Leghari, who

also sustained injuries and fell down in the watercoursë, accused

Liaquat Ali Leghari made straight fire from his rifle upon Noshad

Ahmed s/o Mohammad Usman Leghari, who after receiving injuries

fell down in the cotton crop, According to complainant accused

Salahuddin Leghari made straight fire from his rifle upon Monamma d

Illyas s/o Sconharo Leghari, who also after receiving injuries, fell

down in the cotton crop and remaining accused each Ghulam Murtaza

Leghari, Abdul Ghani Leghari, Shakeel Ahmed and Abdul Qadir

Leghari with intention to commit murder, made straight fire s upon

complainant party, to which complainant, Moula Bux and Razi Ahmed

fell down in the cotton crop and took the shelter and made

themselves like dead. According to complainant, all the above named

accused were making straight fires upon them, and due to firing,

persons, who were working in nearby lands attracted, and accused

on seeing them, went away towards their lands. Thereafter,

complainant along with Moula Bux and Razi Ahmed saw that Ahsan

Ahmed Leghari and Ajeeb Ahmed Leghari were lying dead, who were

taken out from watercourse and noticed that Ahsan Ahmed Leghari

having bullets injury at left side nearby the heart, which was

through and through crossed from back side and deceased Ajeeb

Ahmed was having bullet injury at left side shoulder and one in jury

at left side at the neck which were also through and through and

Illyas Leghari having fire shot injury at his left arm and left side of

abdomen and he was seriously injured and Noshad Ahmed was having

one bullet injury on his neck, which was also thr ough and through

and was lying injured. According to complainant, he alongwith Moula

Bux and Razi Ahmed remained safe luckily and thereafter conveyed
such information to their relatives and Chamber police through cell

phone and made arrangements to shift the injured Noshad Ahmed

Leghari and Mohammad llyas Leghari through Razi Ahmed and others

after obtaining letter for treatment from PS Chamber to Taluka

Hospital Chamber. In the meantime Chamber police also arrived at

the spot and completed codel formalitie s and then shifted the dead

body to Taluka Hospital Chamber, where injured Noshad Ali Leghari

also succumbed to his injuries and died away at about 9-40 am while

injured Illyas Leghari was referred to LMUH, Hyderabad and police

after conducting the postmortem of all the three deceased namely

Ahsan Ahmed, Ajecb Ahmed and Noshad Ai, handed over the dead

bodies to complainant for burial, who took the same to their village

and after burial, and Complainant at PS and lodged the FIR in the

manners so stated above.

G R O U N D S

1- That, the applicant/accused is innocent and the alleged

offence has not been committed by Them at all and has been

implicated in this false, managed and concocted case by the police

with malafide intention and ulterior motives .

2- That, there is no specific role has been attributed to the

present applicants/accused, only the general and verbal allegation
are leveled against the present applicant/accuse d, and such
allegatios would be determined at the time of trial.

3- That, non-has done the act of theft and only ineffective

theft is alleged, hence the lacking of witnesses other than

complainant relatives which requires further inquiry.

4-That there is no good terms with the complainant namely mr. Dost

ali gaecho, that’s why he managing false story, registered false FIR.

5- That, this is the case of ineffective theft, which can

easily be managed against any person because the incidence done

at dark and cold night as mentioned by complainant , even there is

no any neutral witness except interested witnesses, therefore in

absence of any neutral, the prosecution story has become doubtful

and looks managed one.

6- That, no any neutral witness has been associated by the

complainant to act as mashir to prove any connection or

Participation of the applicant/accused in commission of the alleged

offence.

7-That, all the P.Ws and both mashirs are belonging to complainant

party and subordinate to the complainant, hence they are

interested, set up, inimical and hostile towards the

applicant/accused.

8-That, the applicant/accused was not aware about the pendency of

case, after knowing he surrender before this honourable court, as

he can face the trial.

9-That, the facts and circumstances of the case, it appears that the

case against the applicant/accused is false, managed and concocted,

hence need further enquiry.

10-That, applicant accused is Innocent falsely dragged in the case,

with ulterior motives.

11-That, concerned police is continuously raiding the house s of

applicants/accused for their malafide arrest at any cost and in this

way they have made the life of applicants/accused miserable.

12-That, there is great apprehension of malafide arrest of

applicants/accused at the hands of police, as police concerned is

very active for the arrest of applicant/accused at the instance of

complainant.

13-That, lives, liberty, Honour and prestige of applicant/accused is

in danger at the hands of police, in case applicant/accused is

arrested, he will be subjected to humiliation, harass ment and

torture at the hands of police.

14-That, there exist no reasonable grounds to believe that

applicants/accused are guilty of offence punishable with

Imprisonment of any description for five or fourteen year.

15- That, other legal and fresh grounds will be advanced at

the time of arguments with permission of this Honourable Court.

16-That, there is no likelihood of abscondance or tampering with

prosecution evidence.

17.That there is more about 92hours delay lodged the FIR, which

has not any plausible explanation and it further showed that the FIR

was lodged with deliberation and consultation to falsely implicated

the present applicant/accused.

18. That, applicants/accused are ready and willing to furnish solvent

surety to the entire satisfaction of this Honourable Court.

20. That, prior to this no bail application on behalf of

applicants/accused is filed in this cri me before this Honourable

Court or any other Honourable court.

21. That,this Honourable Court may be pleased to release the

applicant/accused on bail.

Faisalabad
Dated: - ……..-07-2019 ADVOCATE FOR
APPLICANT/ACCUSED
 IN THE COURT OF DISTRICT & SESSION JUDGE,
FAISLABAD
Pre-Arrest Bail application No. Of 2019

GHULAM MURTAZA - - - - - - - - - - - APPLICANT/ACCUSED

V E R S U S
THE STATE - - - - - - - - - - - - - - - - - - - RESPONDENT
AFFIDAVIT
I, GHULAM MURTAZA S/o Ali Muhammad adult, Muslim
by caste Saidani, R/o Village Ghulam Mustafa Saidani,Taluka Chak
No.45,District Faisalabad, do hereby state on oath as under: -

1- That, I am applicant/accused in this matter, as such am

well conversant with the facts of the matter.

2- That, present affidavit & accompanying pre-arrest bail

have been drafted and filed under my instructions and contents of
the same are true and correct.

3 That, contents of accompanying pre-arrest bail

application may please be treated as part and parcel of this affidavit
for the sake of brevity.

4- Whatever stated above are true and correct to the best

of my knowledge and belief.

Faisalabad
Dated: …… -07-2019 (D E P O N E N T)

I know the deponent above named

(Advocate)
The deponent above named is identified by Mr. GULJI
MEGHWAR, Advocate, who is personally k nown to me.

COMMISSIONER FOR TAKING AFFIDAVIT

The contents of above affidavit have been read over and
explained to deponent above named in his language at Faisalabad
on this …………day of july 2019, which he confirms by putting his
signature as true and correct on solemn affirmation before me.

COMMISSIONER FOR TAKING AFFIDAVIT

C E R T I F I C A T E
 This is to certify that prior to this no Bail Application has

been moved on behalf of present/applicant(s)/accused in the instant

crime before any court of law.

ADVOCATE FOR
APPLICANT/ACCUSED