IN THE COURT OF SPECIAL JDUGE ANTI TERROISM KASHMORE @ KANDHKOT.

Crl. B.B.A No. of 2024.

Abdul Razaque S/O Abdul Sami By Caste Bhutto,

Adult, Muslim, r/o village Umar Bhutto Taluka Kashmore
District Kashmore @ Kandhkot ----------------------------------------- APPLICANT/ACCUSED.

VERSUS

THE STATE. ---------------------------------------------------------------------- OPPONENT.

U/S 324, 353, 225B, 440, 147, 148, 149, 114 PPC
r/w 6/7 ATA 1997
Crime No. 16/2024, P.S Miani at Badani.

CRIMINAL BAIL BEFORE ARREST APPLICATION U/S 498-A Cr.P.C r/w Sec 21-D of ATA
Act 1997

It is prayed on behalf of the above named applicant/accused that this Honourable Court
may graciously be pleased to admit him on pre-arrest bail on the consideration of following facts and
grounds:-
F A C T S.
The allegations as depict from the FIR are to the effect that complainant INSP/SHO Ghulam
Sarwar Sarki lodged the present FIR with PS Miani at Badani on 29-03-2024 at 1500 hours, alleging
therein that on the same date he left P.S on a government vehicle bearing registration No. SPB-693, vide
D.D entry No.03 dated 29-03-2024 at 0940 hours along with is sub-ordinate staff every one HC
Muhammad Haneef, HC Muhammad Sadiq, HC Ali Gul Chijan, PC Mushtaque Ahmed, PC Noor Khan,
PC Shahzado and DPC Sadam Hussain for the arrest of accused persons in crimes Crime No. 11/2024
offences punishable u/s 353, 324, 225B and Crime No. 15/2024 offences punishable u/s 353, 324,
225Blodged with PS Miani at Badani. It is alleged that during patrolling at about 1000 hours
complainant party arrived at the otaque of accused Barkat Bhutto and saw that accused Barkat Bhutto
and Wazir Bhutto were sitting together, complainant party immediately stopped the vehicle, unboarded
from the same and apprehended accused Barkat, meanwhile accused Wazir made cries that police have
arrested accused Barkat and asked his accomplices to come and free accused Barkat. After saying so
accused everyone 1. Mor @ Mor Khan 2. Ismael having pistol in his hand 3. Muneer having lathi in his
hand 4. Yasin 5. Imdad Ali both duly armed with pistols 6. Ibrahim 7. Maroof 8. Harif all three duly
armed with guns 9. Shoukat 10. Imran 11. Riaz 12. Sabir 13. Iltaf 14. Zulifqar 15. Nizamuddin all
having lathies in their hands all by caste Bhutta r/o Muhammad Nawaz Bhutto Taluka Kashmore along
with (05) unidentified accused persons with open faces complainant party can identify them if recognize
them again having lathies in their hands came from their houses. It is alleged that accused Mor @ Mor
Khan said to his accomplices that police raiding usually for their arrest and instigated his accomplices to
fight with police and get free Barkat from the hands of police. It is further alleged that accused persons
with guns made straight fires of their weapons upon police party with intention to commit their murder
but they fallen on the ground just to save their lives and took shelters. Villagers and children after
noticing the fire shots came out and complainant restricted his personals (staff) from firing just to avoid
any physical loss. Meanwhile accused Muneer caused lathi blow upon HC Muhammad Haneef which hit
him at the wrist of his right hand, accused Shoukat caused lathi blows upon HC Muhammad Haneef
which hit him at the accused Shoukat caused lathi blows upon HC Muhammad Haneef which hit him at
the claw of right hand and wrist of left hand, at his back side and at his right leg, accused Sabir caused
lathi blows upon HC Muhammad Sadiq which hit him at the left wrist and shoulder, accused Ali Gul
caused lathi blows upon HC Muhammad Haneef which hit him at the claw of right hand, accused
Zulfqar caused lathi blows upon PC Noor Khan which hit him at his right cheek, accused Nizamuddin
caused lathi blows upon PC Noor Khan which hit him at left and right shoulders, chin and close to left
ear, accused Riaz Ahmed caused lathi blows upon HC Mushtaque Ahmed which hit him at his first
finger, wrist of left hand and left side of neck, accused Iltaf caused lathi blows upon PC Shahzado which
hit him at the claw of his right hand, accused Imran caused lathi blows upon complainant which hit wrist
of right hand, accused Imran caused 2 nd lathi blow to complainant which hit him at right side of his head,
accused Muneer caused lathi blows upon complainant which hit him at upper lip and fingers of left
hand and it’s elbow. After that all the accused persons having lathies caused lathies upon complainant
party and police vehicle and accused persons having weapons made aerial firing just to create terror and
fled away. Complainant after that saw that they were injured, blood was oozing from the injuries, front
and left side glass and bonnet of vehicle were hit through lathies. Complainant party being seriously
injured went back to PS from there after necessary documentary formalities went to government hospital
at Buxapur for treatment. After treatment complainant went to PS and where he lodged the FIR on
behalf of State as stated above.

Police after registration of FIR started investigation. As present applicant/accused had no

knowledge of such case and all along the time he was discharging his routine work so also performing
his duties, but now he has came to know when police has raided his house for his intended arrest just to
harass, humiliate, disgrace and disrepute him in the eyes of general public. Hence, this application for
pre-arrest bail for very first time before this Honourable Court.

G R O U N D S.

1. That applicant/accused is prima facie innocent and has been falsely involved in this case.

2. That the prosecution story is concocted and engineered one consists upon interested
witnesses/police personals, which does not appeal to common sense.

3. That the applicant/accused is prima facie innocent and has been falsely implicated in this case
by the complainant party, due to ulterior motive and just to show their efficiency to their high
ups.

4. That prior to present FIR present applicant/accused also filed 22AB application in the court of
Honorable Sessions Judge & Justice of Peace for protection from SHO PS Miani at Badani
and SHO PS Buxapur, it is pertinent to mention here present FIR is also lodged with PS Miani
at Badani hence false implications could not be ruled out at this stage.

5. That there no overt act is assigned to present applicant/ accused in the commission of alleged
offence and no specific role has been assigned to him.

6. That neither the name of present applicant find placed in the FIR nor any identification parade
was held which may connect the accused with the crime or even no face features has been
given by the complainant in his FIR.

7. That neither any accused was captured by police at the spot nor any injury was sustained by
any accused though allegedly complainant and his sub ordinate staff sustained injuries.

8. That no overt act in the commission of offence is assigned to 5 unknown accused persons
including present applicant but mere presence has been shown.
9. That neither there was knowledge nor intention to commit murder of police party whether
accused persons allegedly fired at police party in order to save themselves from arrest or with
intention to commit murder of police party it is yet to determine after some evidence come on
the record.

10. That it is the case of ineffective firing not a single fire arm injury has been received by
complainant party, therefore, the alleged offence does not falls U/S 324 PPC but may falls
U/Ss 337 H/2 PPC (if any) which is Bailable.

11. That alleged offence u/s 6/7 ATA Act does not stand made out and it may fall u/s 341 PPC, if
any, which is bail able and punishable up to one month therefore applicability of section 6/7
ATA is yet to be decided by this honorable court at the time of trial.

12. That all the offences applied by Police are triable by the Court of Magistrate except section
324 PPC & 6/7 ATA Act which have got no nexus with the facts and circumstances of the
present case.

13. That applicant/accused is respectable person of the locality, but now police is trying to arrest
him just to harass, humiliate and disgrace him in the society.

14. That applicant/accused had no knowledge regarding registration of case against him.

15. That in fact here is nothing on record to connect the applicant/ accused with the offence and
no positive evidence has been brought on record by the prosecution against him.

16. That there are no reasonable grounds to believe that applicant/ accused have committed an
offence, punishable with death, imprisonment for life or even ten years R.I.

17. That it is the well settled principles of law that if on merits the case is fit for bail than alone
his absconding does not come in his way of his release on bail.

18. That in view of above stated circumstances, applicant/accused requires for further enquiry.

19. That till the police papers are called, interim pre arrest bail may kindly be granted to
applicant/accused.

20. That applicant/accused is not previous convict (instruction).

21. That in view of the above grounds, the case against present applicant/accused calls for further
enquiry within the ambit of sub section (2) of section 497 Cr.P.C

22. That the undersigned craves leave of this Honourable Court to urge and plead further facts and
grounds at the time of hearing of this bail application.

23. That applicant/accused is prepared to furnish solvent surety to the best satisfaction of this
Honourable Court.
KANDHKOT. (SAEED AHMED B.BIJARANI)
Dated 02-05-2024. Advocate for applicant/accused.

CERTIFICATE: -
I, do hereby state that neither application/Case of same nature on same cause of action is filed
before this Honourable Court nor is pending before any Court of law.

KANDHKOT. (SAEED AHMED B.BIJARANI)

Dated 02-05-2024. Advocate for applicant/accused.
 IN THE COURT OF SPECIAL JDUGE ANTI TERROISM KASHMORE @ KANDHKOT.
Crl. B.B.A No. of 2024.

Abdul Razaque Bhutto --------------------------------------------- APPLICANT/ACCUSED.

VERSUS

THE STATE. ---------------------------------------------------------------------- OPPONENT.

U/S 324, 353, 225B, 440, 147, 148, 149, 114 PPC
r/w 6/7 ATA 1997
Crime No. 16/2024, P.S Miani at Badani.
AFFIDAVIT

I, Abdul Razaque S/O Abdul Sami By Caste Bhutto, Adult, Muslim, r/o village Umar
Bhutto Taluka Kashmore 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 apprehend my arrest at the hands of police in the present case.

4. That I adopt all the grounds of accompanying pre-arrest bail application for the brevity of this
affidavit.

5. That whatever stated above is all true and correct to the best of my knowledge and belief.

KANDHKOT DEPONENT
DATED: 02-05-2024 CNIC NO.
Cell No.
I know the deponent

Advocate