Académique Documents
Professionnel Documents
Culture Documents
of 2013.
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.
GROUNGS
1.
complainant party with malafide intention and some ulterior motive with old
enmity with applicants/ accused.
2.
concocted and managed one, the facts does not attract the common sense.
3.
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.
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
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.
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.
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.
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
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 /
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.
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
That all the Pws/ Mashirs are interested witnesses and there is no
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
Dated:Nawabshah.
Advocate for
Applicants/ Accused.
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.
2.
That accompanying application U/S 498 Cr. Pc has been drafted under
my instructions.
3.
Nawabshah
Dated ;I know the deponent.
Advocate
Deponent