IN THE COURT OF SESSION JUDGE/ EX-OFFICIO JUSTICE

OF PEACE, SHAHEED BENAZIRABAD.

A.B.A. No

of 2013.

1. Tariq @Bablu S/o Akbar @ Foji

2. Akbar @ Foji S/o Faiz Muhammad
Both Muslim, Adult, R/o Near Quba Masjid, Munawabad,
Nawabshah.
...Applicants/
Accused.
Versus
The State
Cr. No 76/2012
P.s Airport
U/s 302-Q-Ord, 148, 149 PPC.

APPLICATION U/s 498

It is prayed that on behalf of the above named applicants/Accused that
this Honble Court may be pleased to grant bail before arrest to the applicants/
accused in case Crime No. 76/2012 of P.S Airport District Shaheed Benazirabad,
for offences punishable U/s 302-Q-ord, 489, 149 PPC, on consideration of the
following facts and grounds:-

Facts
The complainant Muhammad Ashraf S/o Muhamamd Aslam Qureshi
Lodge FIR with P.S airport Distrct Shaheed Benazirabad, which purports to as
under:That I am doing business of fruit sealing. my younger brother namely
Imran @ Bhoro residing with me, that the accused Tariq@ Bablu S/o Akbar
@Foji Kazi are also residing in same Mullah who are friends of my brother, that
yesterday exchange of hot words occurred between Tariq @ Bablo Kazi and my
brother Imran @ Bhoro, that Traiq @ Bablu Kaz and his friend were saying that
we will kill Imran @ Bhoro. Tonight I and my brother Imran @ Bhoro aged about

27/28 years and Hussain Tariq wrer going to city form our house together, at
about quarter past 8 at night we reached near Sonari Gali adjacent to Tayba
Masjid, we saw under the light of bulbs and identified that each one namely Tariq
@ Bablu S/o Akbar @ Foji Kazi having pistol in his hand (2) Akbar @ Foji S/o Not
Known having pistol in his hand (3) Akbar @ Anda Bacha S/o Ali Muhammad
Kazi having Pistol in his hand (4) Zeshan S/o Yameen Malik Biryani having
dagger in his hand (5) Shan S/o Not Known Sonara were standing there. All
accused persons started abusing to my brother Imran @ Bhoro and threatened
that today we will kill you, that pistol holding persons made straight firing upon us
with intent to murder so we dropped ourselves on floor then Tariq @ Bablu Kazi
made straight fire on my brother Imran with intent to murder who fell crying on
the floor and Shan made my brother stand by holding him with his neck and
Zeeshan Malik struck dagger on backbone of my brother they warned us by
saying do not come closer otherwise will be murdered then on the sound of firing
my cousin Muhammad Farooque s/o Muhamamd Yousaf Qureshi and other
residents of locality came running there, that we did not go closer due to fear
thereafter all accused persons run away towards western side in the streets then
we saw that a bullet went through neck near left shoulder of my brother Imran
and blood was oozing out due to injury caused by dagger on the backbone that
enough blood had flown out and he became unconscious before us then I with
the help of above witnesses at once brought him to Civil hospital Nawabshah fro
treatment where he succumbed to injuries there after such information given to
P.s Airport then after conduction of postmortem from Civil hospital now appear
and complain that above mentioned accused in furtherance reasons accused
Tariq @ bablu murdered my brother Imran @ Bhoro by firing and flicks of dagger
also struck on him. I am complainant investigation be held.
That the police is attempting raids at the house of applicants/ accused in
order to arrest, disgrace and humiliate him and if they are not admitted to bail
before arrest, it will cause them unjustified harassment as applicants/ accused
respectable persons of the locality.

The applicants/ accused filed pre-arrest bail application before this

Honorable Court on consideration of the following grounds:-

GROUNGS
1.

That the applicants/ accused has been falsely implicated be y the

complainant party with malafide intention and some ulterior motive with old
enmity with applicants/ accused.
2.

That on the face of it prosecution story appears to be false, fabricated,

concocted and managed one, the facts does not attract the common sense.
3.

That there are no reasonable grounds to believe that applicants/ accused

committed offence with which he has been charged.

4.

That FIR has been lodged after the delay of four hours and no such

explanation has been furnuished, which shows that same has been lodged after
deliberation and consultations.
5.

That there are general allegation against the applicants/ accused

regarding straight firing at deceased Imran @ Bhoro, and no specific role has
been assigned to them.
6.

That from the perusal of prosecution story main role has been not

assigned to present applicants/ accused while the applicants/ accused were

involved due to enmity.
7.

That the applicants/ accused intent to surrender themselves but due to

enormous enmity so they could not lag behind to surrender, when they found/
realized the parameter of whole situation they surrender themselves at the mercy
of this Honble Court.

8.

That alleged memo of clothes of deceased was made on 13.10.2012 at

10.00pm and the present FIR was lodged on 13.10.2012, at 11.30pm but it is
surprising fact that memo of alleged place of incident was made on 13.10.2012 at
11.50pm and memo of injuries of deceased was made on 13.10.2012 at 09.45pm
which also makes the case of prosecution highly biubtful.
9.

That allegeds complainant and witnesses has stated in his statement

recorded under section 161 Cr.P.C that we identified the accused persons in the
light of blubs which was glowing in the street, it suroprising fact that the time of
lode shading in the locality it is also settled law that the identification of the blubs
is weakest type of evidence.
10.

That no independent witness was shown all witnesses are relative of

complainant party and the applicants/ accused has been booked without any
substantial evidence against him.
11.

That no single private witness are on record, it is crystal clear that police

and complainant malafidely involved the applicants/ accused in this case on

politial influence and due to enmity.
12.

That in the alleged offence one accused person namely Akbar @ Anda

Bacha is alas one of the accused person in the FIR which was lodge by applicant
namely Akbar Hussain @ Foji in the year of bearing Criome No. 100 of 2010 at
same police atation.
13.

That from the above facts and circumstance case against the applicants /

accused needs further probe into guilt of applicants / accused as contemplated

under section 498 Cr.P.C.

14.

That the case has been challaned and the applicants/ accused ready to

join the investigation/ trail hence his detention in jail will not serve any purpose.
15.

That applicant / accused will not abscond or to tamper with prosecution

evidence if admitted to bail and are ready to furnish required surety to the
satisfaction of this Honble Court.
16.

That the prosecution had failed to bring any direct evidence against

applicant/ accused therefore, involvement of applicants/ accused on the false

concocted one therefore the case of the applicants/ accused are required for
further enquiry U/S 497 (2) Cr.Pc.
17.

That all the Pws/ Mashirs are interested witnesses and there is no

apprehension of tempering with their evidence.

18.

That the applicants/ accused will not abscond and the applicants/ accused

are not desperate damages hardened, even never previous convicted from the
any competent court of law (as per instructions)
19.

That the applicants/ accused are ready to furnish the solvent surety to the

satisfaction of this Honourable Court.

20.

That the further grounds will be urged at the time of hearing.

Dated:Nawabshah.

Advocate for
Applicants/ Accused.

IN THE COURT OF SESSION JUDGE/ EX-OFFICIO JUSTICE

OF PEACE, SHAHEED BENAZIRABAD.
A.B.A. No

of 2013.

Tariq @Bablu
...Applicants/ Accused.
Versus
The State

AFFIDAVIT
I Tariq Hussain S/O Akbar Hussain, Kazi, adult, muslim, r/o
Manuabad, Nawabshah, do here by state on oath as under:1.

That I am one of the applicant/ accused in the above matter as such

am well conversant with the facts of the case.

2.

That accompanying application U/S 498 Cr. Pc has been drafted under
my instructions.

3.

That I have apprehend my imminent disgrace and humiliation at the

hands of police who is bent upon to arrest and disgrace me with
malafide intention.
That whatever stated above is true and correct to the best of my
knowledge and belief.

Nawabshah
Dated ;I know the deponent.
Advocate

Deponent