Pre-arrest (azhar Shah)

BEFORE THE SESSIONS JUDGE, LODHRAN.

Bail Application No. _______/2002

Syed Hassan Askari Shah Gardezi S/o Syed Qasim Ali Shah Gardezi, caste Syed Gardezi, R/o Khalid Colony, Gujjar Khadda Road, Multan. ……Petitioner

VERSUS The State.

……Respondent

Petition under sections 497/498 Cr.P.C. for the grant of Pre-arrest bail. Case: F.I.R. No.

107/1996

Dated:

Under Section:

392/411, 148 & 149, 34 P.P.C.

P.S.

Glayawal, District Lodhran.

25.5.1996

Respectfully Sheweth: 1.

That as per instructions of the client, this is the first bail application before this Hon’ble Court, no such petition has earlier been filed in any court of competent jurisdiction.

2.

That brief facts giving rise to the instant petition are that the above mentioned case has been registered on the complaint of Syed Yousuf Zaman Gardezi, alleging therein that the father of the complainant and other co-accused Mustafa Haider and Hassan Askari (the present petitioner), the real first cousins of the complainant have joint agricultural land in Mauza Aheer, Tehsil & District Lodhran and the complainant of the aforesaid F.I.R. is the General Attorney of the said land. The aforesaid persons are cultivating the land according the family settlement. The complainant further stated in the F.I.R. that his father has filed a civil suit against the said Mustafa Haider etc. in the civil court, Lodhran pertaining to the land measuring 16 acres and a stay order has also been granted by the relevant court. On 20.6.1996 at 4:00 p.m. the complainant was cultivating the land through Tractor and M/s Mustafa Haider Shah, Hassan Askari Shah son of Kazim Ali Shah Gardezi, Azhar Gardezi son of Syed Muhammad Shah Gardezi, armed with fire arms, Allah Wasaya Arain resident of Chah Umarwala, Mauza Kotli Najabat and two sons of Allah Wasaya armed with fire arms and 5/6 other persons, who are unknown to me, came at the place of occurrence and they gave slaps me and on arms point, threatened of dire consequences and snatched from me the tractor. On the hue and cry of the complainant, my maternal uncle namely Saqlain Raza, Haider Zaman, brother, Ali Raza son of Syed Ahmad Raza attracted at the spot. On seeing the aforesaid witnesses, the assailants fled away after snatching the said tractor. Hassan Askari also took away my neck golden chain weighing one tola. It is pointed out here that the unknown persons can be identified by my maternal uncle namely Saqlain Raza and my brother Haider Zaman. All aforesaid culprits wanted to take possession of the land forcibly. Hence, this case. Copy of the F.I.R. with better copy is Annex “A & A/1”.

3.

That the petitioner prays for grant of bail before arrest, interalia on the following: GROUNDS i)

That the case against the petitioner is absolutely false and is the result of party faction, which exists in the village.

ii)

That it would not be out of place to mention here that a case has been registered against the complainant vide F.I.R. No. 96/1996, dated 23.5.1996 under sections 337L (i), 149, 148 P.P.C. registered at Police Station Saddar, Shujabad by the co-accused of the aforesaid F.I.R. No. 107/97, namely Mustafa Haider; and the aforesaid occurrence is the outcome of the registration of case referred to above. The petitioner is entitled for the concession of bail before arrest on this score only.

iii)

That as a matter of fact, in accordance with the contents of the F.I.R., no role has been attributed to the petitioner in any manner whatsoever; and merits for the concession of bail applied for.

iv)

That the petitioner belongs to a respectable Syed Gardezi family of Multan and simultaneously he is a law-abiding citizen.

v)

That there is an inordinate delay of one day without any plausible explanation, which creates heavy doubt.

vi)

That it is significant to note here that no recovery has been affected uptill now from the petitioner in any manner.

vii)

That the petitioner is roped in this case falsely because there is a dispute between Mustafa Haider etc. and the complainant.

viii) That the co-accused namely Allay Wasaya Arain is at present on bail granted by the court of competent jurisdiction. ix)

That keeping in view the rule of consistency, the petitioner is also entitled for the grant of bail. Reliance is placed on 1979 SCMR 9.

x)

That the offence does not fall in the prohibitory clause of section 497 Cr.P.C. Hence, the petitioner is entitled for concession of bail. Reliance is based on PLD 1995 S.C. page 34. In view of the above submissions, it is, therefore, most respectfully prayed that this petition may graciously be accepted and the petitioner may kindly be blessed with grant of bail before arrest, till the decision of this petition, in the interest of justice. Petitioner,

Dated: _________ Through: AAMIR AZIZ QAZI, Advocate High Court, 123-District Courts, Multan.

BEFORE THE SESSIONS JUDGE, LODHRAN.

Bail Application No. _______/2002

Syed Hassan Askari Shah Gardezi

VS.

The State.

Petition under sections 497/498 Cr.P.C. for the grant of Pre-arrest bail. AFFIDAVIT of: Syed Hassan Askari Shah Gardezi S/o Syed Qasim Ali Shah Gardezi, caste Syed Gardezi, R/o Khalid Colony, Gujjar Khadda Road, Multan.

I, the above named deponent do hereby solemnly affirm and declare as under: -

1.

That the above-titled bail petition is being filed before this Hon’ble Court today, the contents of which may please be considered as part and parcel of this affidavit.

2.

That the contents of the above-titled petition are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto.

DEPONENT