IN THE COURT OF SESSIONS JUDGE,KASHMORE @ KANDHKOT
Crl B.B.A No:_______of 2024
1. Mukhtiar Ali s/o Bashak @ Bashk Khan
2. Zafarullah s/o Murad Ali Both by caste Jaffery, Adults, Muslims,
r/o Village Bux Khan Jaffery Taluka
Tangwani District Kashmore @ Kandhkot ------------------------- Applicants /Accused
VERSUS
The State -------------------------------------------------------------------- Respondent
Offence U/S 324,353, 399, 402
PPC.
CR:NO:31/2024.
P.S. Ghulam Sarwar Sarki
APPLICATION FOR BAIL BEFORE ARREST U/S 498 CR.P.C
It is most respectfully prayed on behalf of the above named
applicants/accused that this Honourable Court may graciously be pleased to grant them Pre-arrest
bail on the consideration of following facts and grounds:-
FAC T S
On 12-09-2024 complainant HC Abdul Malik of PS Ghulam Sarwar Sarki lodged FIR
with PS Ghulam Sarwar Sarki on behalf of the state alleging there in that on the same day
complainant along with his subordinate staff everyone PCs 1. Khair Jan, Abdul Jabar and
Asadullah duly armed with official weapons by wearing police uniform left PS vide entry No.
11 at 1430 hours dated 12-09-2024 in a government vehicle bearing registration No. SPE-942
driven by PC Mumtaz Ali for patrolling within the local limits of PS. That after patrolling from
different places when police party arrived at Magsi Stop received spy information that some
armed criminals are standing near Sui Curve in order to commit an offence. That after reciving
such information complainant at once shared such information with his sub ordinate staff and
proceeded towards pointed place when at about 1800 hours reached near Sui Curve, saw and
identified accused everyone 1. Mukhtiar Ali Jaffery 2. Muhammad Hanif 3. Abdul Malik both
by caste Nindwani 4. Zafarullah Jaffery 5. Sabz Ali 6. Ghulam Murtaza @ Marak both by caste
Bajkani all duly armed with KKs along with two unidentified accomplices, complainant party
can identify them if recognize them again duly armed with TT pistols were standing towards
southern side. it is alleged that as and when noticed complainant party in a government vehicle
all the accused persons started straight FIRING upon police party in order to commit their
murder. Complainant party at once stopped their vehicle unboarded from it took shelter and
fired upon accused persons in their self defense such encounter was continued about 10
minutes. Than accused persons fled away from venue of occurrence by taking benefit of dark
jungle. Than complainant returned back to PS where he lodged the FIR on behalf of the state as
stated above.
Police after registration of FIR started investigation and now raided the house of present
applicants with malice just to harass, humiliate, disgrace and arrest them in this false and
fabricated FIR. Hence this application for bail before arrest for the 1 st time. The case has
already been challaned and applicants is no more required investigation.
GROUNDS
1. That applicants/accused are innocent falsely been implicated only to show their false
efficiency to the higher authorities.
2. That, the ingredients of section 402, 399, 324, PPC are not applicable to the facts and
circumstances of present case as neither there was knowledge nor intention to commit
murder of police party or even nothing was secured by police from the venue of
occurrence.
3. That the story of the FIR seems to be false, concocted engineered one and unbelievable.
4. That all the P.Ws including complainant are police personals hence they are interested.
5. That as per section 399, 402 P.P.C intention is an essential ingredient, mere assembly is
not sufficient and intention in this case is missing.
6. That to constitute an offence u/s 399, 402 PPC, intention and preparation were the basics
ingredients on the basis of which accused should be charged. From the perusal of FIR as
well as 161 CrPC statements of witnesses non of them had stated as single word showing
their personal knowledge about the intention of the accused persons or preparation for
commission of the offence.
7. That allegedly all the accused were found together duly armed with lethal weapons but it
was not proved from the perusal of FIR and 161 CrPC statement that they had assembled
for the purpose of committing an offence or even there was no other reasonable material
to infer that the accused persons had assembled for the purpose of dacoity.
8. That encounter is shown to have taken place for about 10 minutes from very close range
but in spite of that non from either side received any single injury/scratch or even not a
single scratch has been received by police mobiles hence matter required further enquiry
to involve the applicants in the above case.
9. That this is the case of in effective firing, which does not appeal to common sense.
10. That Police has received spy information well in advance but in spite of that they have
not taken any independent person to witness the incident.
11. That prior to this Dera Sarki police raided the village of present applicants and taken
away two persons namely Murad Ali son of Bashak (father of applicant Zafar) and Javed
Malik from the village than an application u/s 497 CrPC was moved by one Bashak Khan
Jaffery father of applicant Mukhtiar Ali and raid was conducted at PS and both the
detenues were released therefore police was annoyed with Bashak Khan now implicated
present applicants due to previous grudge and also lodged FIR of narcotic against old and
infirm person Bashak Jaffery.
12. That the applicants are respectable person of the locality but police with mala fide
intention in order to put pressure upon present applicants introduced their names in this
false FIR.
13. That neither applicants will abscond away nor tempering with the prosecution witnesses
as all of them are police officials.
14. That till the police papers are called, interim pre arrest bail may kindly be granted to
applicants/accused.
15. That applicants/accused are not previous convict (instruction).
16. That, there are no reasonable grounds for believing that present applicants have
committed the offence punishable with death, imprisonment for life or even ten years R.I.
17. That the further grounds will be argued at the time of hearing this bail application.
18. That the applicants/accused are ready to furnish solvent surety to the satisfaction of this
Honourable Court.
19. That it will be in the best interest of justice to allow this bail application.
Kandhkot (SAEED AHMED BIJARANI)
Dated:18-09-2024 Advocate for applicants/accused
CERTIFICATE.
This is to certify that this is the first pre arrest bail application filed on
behalf of present applicants filed before this Honorable Court. Neither any other bail application
is pending before this Honorable court or before any other Court of Law.
Kandhkot (SAEED AHMED BIJARANI)
Dated:18-09-2024 Advocate for applicants/accused
IN THE COURT OF SESSIONS JUDGE,KASHMORE @ KANDHKOT
Crl.B.A No:_______of 2024
Mukhtiar Ali and another ------------------------------------------------ Applicants /Accused
VERSUS
The State -------------------------------------------------------------------- Respondent
Offence U/S 324,353, 399, 402
PPC.
CR:NO:31/2024.
P.S. Ghulam Sarwar Sarki
AFFIDAVIT
I, Mukhtiar Ali s/o Bashak @ Bashk Khan by caste Jaffery, Adult, Muslim, r/o
Village Bux Khan Jaffery Taluka Tangwani District Kashmore @ Kandhkot do here by
state on oath:
1. That I am applicant in the above B.B.A, hence well conversant with the facts of the case.
2. That I have been falsely involved in the present case by the complainant.
3. That I had no knowledge regarding my involvement in the present case but police raided
my house and I came to know regarding my false involvement
4. That I apprehend my arrest at the hands of police in the present case.
5. That I adopt all the grounds of accompanying pre-arrest bail application for the brevity of
this affidavit.
6. That whatever stated above is all true and correct to the best of my knowledge and belief.
KANDHKOT D E P O N E N T.
Dated 18-09-2024. CNIC#43103-8746890-9
Cell #0300-2987795
IN THE COURT OF SESSIONS JUDGE,KASHMORE @ KANDHKOT
Crl.B.A No:_______of 2024
Mukhtiar Ali and another ------------------------------------------------ Applicants /Accused
VERSUS
The State -------------------------------------------------------------------- Respondent
Offence U/S 324,353, 399, 402
PPC.
CR:NO:31/2024.
P.S. Ghulam Sarwar Sarki
AFFIDAVIT
I, Zafarullah s/o Murad Ali, by caste Jaffery, Adult, Muslim, r/o Village Bux
Khan Jaffery Taluka Tangwani District Kashmore @ Kandhkot do here by state on oath:
1. That I am applicant in the above B.B.A, hence well conversant with the facts of the case.
2. That I have been falsely involved in the present case by the complainant.
3. That I had no knowledge regarding my involvement in the present case but police raided
my house and I came to know regarding my false involvement
4. That I apprehend my arrest at the hands of police in the present case.
5. That I adopt all the grounds of accompanying pre-arrest bail application for the brevity of
this affidavit.
6. That whatever stated above is all true and correct to the best of my knowledge and belief.
LARKANA D E P O N E N T.
Dated 29-04-2024. CNIC#43502-0395082-5
Cell #0300-2987795
