IN THE COURT OF SESSIONS JUDGE

HYDERABAD
Cr. Bail Application No. of 2023

1. Farhan
S/o Ghulam Mustafa Sahito

2. Shahzad Hussain @ Shezi

S/o Ghulam Mustafa Sahito
Both Muslims, adults, by caste Sahito
R/o Mir Hassanabad Hussainabad Hyderabad
Taluka Latifabad District Hyderabad.

3. Muhram Ali Khan @ Bilawal

S/o Saifal Khan

4. Mehboob Ali Parhiyar @ Babli

S/o Allah Warayo
Both Muslims, adults, R/o Village Gul Muhammad
Parhiyar Hussainabad Taluka Latifabad
District Hyderabad.

5. Mursaleen Hassan Zardari

S/o Hassan Ali Zardari
Muslim, adult, by caste Zardari
R/o Mir Hassanabad Hussainabad Taluka
Latifabad District Hyderabad.
…………………….APPLICANT/ACCUSED

VERSUS

The State…………………………………………….Respondent

Crime No.25 of 2023,

U/S 324, 147, 148, 149,
504, 506/2, 337-H(ii), PPC
PS Hussainabad.
District Hyderabad.

CRIMINAL BAIL APPLICATION U/S 498 CR.PC

It is respectfully prayed on behalf of the

applicants/accused that this Honourable Court may be

pleased to admit them on pre-arrest bail, in the crime and

offence mentioned here-in-above, on consideration of the

following facts and grounds:-

FACTS
The brief facts of the prosecution story are that:-

The complainant namely Shafi Muhammad S/o Muhammad

Bux by caste Pirzado appeared at PS Hussainabad on dated

06-02-2023 at 1700 hours and got lodged the instant FIR for

alleged incident took place on dated 15-01-2023 at 2210 hours

alleging therein that:

STATEMENT DATED 06-02-2023

I, Shafi Muhammad S/o Muhammad Bux R/o Gul

Muhammad Parhiyar Hussainabad Hyderabad state that I

reside at above mentioned address and I am practicing

advocate at Hyderabad. On dated 15-01-2023 there was local

bodies election in UC-138 and I was nominated as Polling

Agent of Vice Chairman Candidate Mst. Afroz Shoro and after

completion of Election Process the camp of returning officer

was held in Public School Latifabad Hyderabad and I after

getting from the work was going to my home in car along with

my relative namely Fida Hussain Pirzado and at about 10:10

PM when were arrived at Bachal Shah Dargha and we

identified each one (1) Farhan S/o Ghulam Mustafa Sahito (2)

Shero @ Shezi S/o Ghulam Muhammad Sahito were having

rifles in their hands (3) Mursaleen Hassan S/o Hassan Zardari

(4) Mehboob Ali @ Babli S/o Allah Warayo Parhiyar (5)

Bilawal S/o Saifal Parhiyar all were having pistols in their

hands and 14/15 unknown persons out of them some were

having pistol in their hands and some were empty hands who

were seen and can be identified if seen again and they were

rioting at Hussainabad Gate and also raising slogans and they

all in collusion with each other were making Firing towards our

homes and in the area whom we forbidden on that they

extended threats to us and we immediately stopped our car

and thereafter we parked our car in front our chambers and

made phone call to 15 Madadgar, as I went to open the door

of my Chamber and meanwhile saw that the above named

accused persons in collusion with each other made straight

fire arm shot upon us with intention to commit murder and I sat

in the corner of chamber just to save my life and fires were hit

on my office gate and wall and thereafter my relatives Fida

Hussain and Sheraz Pirzado and others made hakals to the

accused persons and restrained them from making firing and

thereafter all the above named accused went away while

hurling abuses and issuing threats towards Dargha Bachal

Shah thereafter I moved such applications to the Higher

Officials and also moved such application to Honorable

Sessions Judge subsequently obtained order from 1 st

Additional Sessions Judge Hyderabad bearing order

No.138/2023 dated 06-02-2023 therefore now present at PS

and report that being complainant the matter may be

investigated.
1. That the back ground of the false involvement of the
applicants/accused in this false FIR is that the
complainant belongs to rival group of the
applicants/accused, therefore the complainant on the
instance of rivals of the applicant got managed this false
and fabricated story and implicated the
applicants/accused in this false case, otherwise no such
alleged incident has taken place as alleged in the FIR.

2. That the applicant/accused No.1 & 2 are brothers and

they are son of present Winning Chairman of UC-138
and the entire story was engineered by complainant in
collusion with the opponent of applicants/accused, else
no such alleged incident has ever taken place as alleged
by the complainant.

3. That the applicant/accused No.3 is Nek Mard of the

locality and he in the Local Bodies was the supporter of
the contesting candidate, while the applicant/accused
No.4 withdrew his nomination forms in favor of one
Raheel Jatoi and the complainant party in order to teach
lesson to them and just to take revenge from them has
managed this entire story against the
applicants/accused.

4. That the applicant/accused No.5 is also winning

candidate of Councilor in Ward No.3 UC-138 and he
won the election against the relative of the complainant
namely Fida Hussain and this entire story has been
prepared by them collusively just to defame the
applicants/accused.

5. That the complainant got lodged false and fabricated FIR

due to his personal grudge and on the instance of rival of
the applicant/accused, otherwise no such alleged
incident has been taken place as alleged in the FIR.

6. That the applicants/accused were unaware regarding

registration of this false FIR against them, as such they
came to know last night when the concerned Police
started to conduct raid over the houses of the
applicants/accused for their unjustified arrest, therefore
the applicants/accused surrender before this Honorable
Court and prays for grant of pre-arrest bail.

That prior to this bail application no any bail application has

been filed by the applicant/accused before any court of law
including this Honorable Court in above mentioned crime.
Hence this bail application on following grounds.
 GROUNDS

1. That there are no reasonable grounds to believe that the

applicants/accused have committed the alleged offence
with which they are stand charged and the entire story
was malafidely prepared by the complainant in collusion
with political rivals of the applicants/accused.

2. That the prosecution story is false, fabricated, concocted

untrustworthy and highly unbelievable and is without any
independent or corroborative piece of evidence.

3. That admittedly no any specific motive of alleged offence

has been advanced by the complainant which shows his
malafide part and creates serious doubts in the
prosecution story, therefore the applicants/accused are
very much entitled for concession of bail.

4. That according to the contents of the FIR the

applicants/accused made fire arm shot upon the
complainant party but even no any single injury has been
sustained either by complainant or his PWs and there is
ineffective firing hence the section 324 PPC does not
attract and the same has been attributed by the police in
collusion with the complainant.

5. That the applicants/accused have no concerned or

connection with the alleged offence, as such the entire
story narrated in the FIR is managed one just to drag the
applicants/accused in this false case and to achieve ill
motives.

6. That no specific allegation or any specific role is assigned

to the applicants/accused, even nature of offence and
allegations leveled against applicants/accused are not
 explained clearly that what kind of offence has been
committed by the applicants/accused, mere allegations
and subsequently name in the FIR is not sufficient to
implicate the applicants/accused in this false and
fabricated case, which requires further inquiry.

7. That all the sections are bailable except 324 PPC which
has been misapplied by the police as there is infective
firing, hence the same is not made out, moreover the
Honorable Apex Court in numerous decision held that
where the offence is bailable the bail is right of the
accused, therefore the applicants/accused are very much
entitled for concession of bail.

8. That there is delay of about 21 days in lodgment of FIR for

which no plausible explanation is put forwarded which
clearly shows that the FIR was lodged after consultation
and due deliberation just to drag the innocent person
which is clear malafide of the complainant.

9. That so far as the allegations against the

applicant/accused are concerned they are quite ill
motivated, baseless, unwarranted and are based on ill-
founded facts, owing to some personal grudge and
vendetta.

10. That the alleged offence prima facie is not made out
against the applicant/accused as it is not specifically
leveled and there is no eye witness regarding the
commission of the alleged offence except the relative of
the complainant.

11. That the law for the purpose of bail cannot be stretched in
favour of possession and if any benefit of doubt arises it
must go to the accused.
12. That all the PWs are interested, relative of the
complainant, set-up, inimical and police officials, as such,
there is no likelihood of tampering with the prosecution
case if the applicant/accused is released on bail.

13. That the applicants/accused are neither desperate nor

dangerous or hardened criminal and is not previously
convicts (Instructions) and the case of the
applicants/accused are of merits and requires further
inquiry.

14. That the applicants/accused are innocent, law abiding and

peace loving citizens of Pakistan and have no concern
with the alleged offence and is the victims of vengeance
and if the bail is not granted to them then on the one hand
they will be arrested and will be tortured and on the other
hand will lost their liberty and reputation.

15. That the bail should not be refused as a punishment the

principle based on natural justice is that any possible
wrong at the bail stage could be cured at the time of final
judgment by convicting the accused if he is found guilty
but any wrong committed by refusing bail and putting him
into jail custody could not be cured if he is found innocent.

16. That the applicants/accused are residing with his family

members and is citizen of this country, hence there is no
likelihood of their absconsion.

17. That the applicants/accused are ready and willing to

furnish solvent surety for satisfaction of this Honorable
Court.
18. That further law points and grounds will be raised
/agitated at the time of hearing of this bail application, with
the graceful permission of this Honourable Court.

This prayer is made in the interest of justice.

Hyderabad ADVOCATE
Dated: -02-2023 FOR APPLICANT/ACCUSED
 IN THE COURT OF SESSIONS JUDGE
HYDERABAD
Cr. Bail Application No. of 2023

Farhan & others…………………..APPLICANTS/ACCUSED.

VERSUS
The State ………………………………..……..…RESPONDENT

Crime No.25 of 2023,

U/S 324, 147, 148, 149,
504, 506/2, 337-H(ii), PPC
PS Hussainabad.
District Hyderabad.

CERTIFICATE

In view of Honorable Supreme Court decision

dated 22-01-2014 passed in (Cr. Rev. Petition No. 8-L/2013
(Nazeer Ahmed and other V/s The State) and (Cr. Revision
No. 10-L/2013 Nizamuddin Akbar Ali Naqvi V/s The State).
I certify that prior to this bail application no any bail application
has been filed by the applicants/accused before any
competent court of law including this Honorable Court in
above mentioned crime.

Hyderabad
Dated: -02-2023 ADVOCATE
FOR APPLICANTS/ACCUSED.
 IN THE COURT OF SESSIONS JUDGE
HYDERABAD
Cr. Bail Application No. of 2023

Farhan & others…………………..APPLICANTS/ACCUSED.

VERSUS
The State ………………………………..……..…RESPONDENT
AFFIDAVIT
I, Farhan S/o Ghulam Mustafa Sahito Muslim, adult, by
caste Sahito R/o Mir Hassanabad Hussainabad Hyderabad
Taluka Latifabad District Hyderabad, do hereby state on oath
as under:-

1. That I am Applicant/accused No.1 in the above matter

and well conversant with the facts of the matter.

2. That accompanying Application U/S 498 Cr.PC has

been drafted and being moved under my instruction,
contents thereof are correct and may kindly be read and
treaded as part and parcel of this affidavit for the sake of
brevity.

3. That whatever stated above is true and correct to the

best of my knowledge and belief.

Hyderabad.
Dated: -02-2023 DEPONENT
The deponent is identified by me.

ADVOCATE.
Solemnly affirmed on oath before me on this ___
day of February, 2023, by the deponent above named, who
has been identified by MR. MEHBOOB ALI SOLANGI
ADVOCATE, who is personally known to me.

COMMISSIONER FOR TAKING AFFIDAVIT.

The contents of the affidavit were first truly and
audibly read over and explained to the deponent above named
and he seems to have fully understood the same and signed
in my presence.

COMMISSIONER FOR TAKING AFFIDAVIT.

 IN THE COURT OF SESSIONS JUDGE
HYDERABAD
Cr. Bail Application No. of 2023

Farhan & others…………………..APPLICANTS/ACCUSED.

VERSUS
The State ………………………………..……..…RESPONDENT

AFFIDAVIT

I, Shahzad Hussain @ Shezi S/o Ghulam Mustafa

Sahito Muslim, adult, by caste Sahito R/o Mir Hassanabad
Hussainabad Hyderabad Taluka Latifabad District Hyderabad.,
do hereby state on oath as under:-

1. That I am Applicant/accused No.2 in the above matter

and well conversant with the facts of the matter.

2. That accompanying Application U/S 498 Cr.PC has

been drafted and being moved under my instruction,
contents thereof are correct and may kindly be read and
treaded as part and parcel of this affidavit for the sake of
brevity.

3. That whatever stated above is true and correct to the

best of my knowledge and belief.

Hyderabad.
Dated: -02-2023 DEPONENT
The deponent is identified by me.

ADVOCATE.
Solemnly affirmed on oath before me on this ___
day of February, 2023, by the deponent above named, who
has been identified by MR. MEHBOOB ALI SOLANGI
ADVOCATE, who is personally known to me.

COMMISSIONER FOR TAKING AFFIDAVIT.

The contents of the affidavit were first truly and
audibly read over and explained to the deponent above named
and he seems to have fully understood the same and signed
in my presence.

COMMISSIONER FOR TAKING AFFIDAVIT.

 IN THE COURT OF SESSIONS JUDGE
HYDERABAD
Cr. Bail Application No. of 2023

Farhan & others…………………..APPLICANTS/ACCUSED.

VERSUS
The State ………………………………..……..…RESPONDENT
AFFIDAVIT

I, Muhram Ali Khan @ Bilawal S/o Saifal Khan Muslim,

adult, R/o Village Gul Muhammad Parhiyar Hussainabad
Taluka Latifabad District Hyderabad, do hereby state on oath
as under:-

1. That I am Applicant/accused No.3 in the above matter

and well conversant with the facts of the matter.

2. That accompanying Application U/S 498 Cr.PC has

been drafted and being moved under my instruction,
contents thereof are correct and may kindly be read and
treaded as part and parcel of this affidavit for the sake of
brevity.

3. That whatever stated above is true and correct to the

best of my knowledge and belief.

Hyderabad.
Dated: -02-2023 DEPONENT
The deponent is identified by me.

ADVOCATE.
Solemnly affirmed on oath before me on this ___
day of February, 2023, by the deponent above named, who
has been identified by MR. MEHBOOB ALI SOLANGI
ADVOCATE, who is personally known to me.

COMMISSIONER FOR TAKING AFFIDAVIT.

The contents of the affidavit were first truly and
audibly read over and explained to the deponent above named
and he seems to have fully understood the same and signed
in my presence.

COMMISSIONER FOR TAKING AFFIDAVIT.

 IN THE COURT OF SESSIONS JUDGE
HYDERABAD
Cr. Bail Application No. of 2023

Farhan & others…………………..APPLICANTS/ACCUSED.

VERSUS
The State ………………………………..……..…RESPONDENT
AFFIDAVIT

I, Mehboob Ali Parhiyar @ Babli S/o Allah Warayo

Muslim, adult, R/o Village Gul Muhammad Parhiyar
Hussainabad Taluka Latifabad District Hyderabad, do hereby
state on oath as under:-

1. That I am Applicant/accused No.4 in the above matter

and well conversant with the facts of the matter.

2. That accompanying Application U/S 498 Cr.PC has

been drafted and being moved under my instruction,
contents thereof are correct and may kindly be read and
treaded as part and parcel of this affidavit for the sake of
brevity.

3. That whatever stated above is true and correct to the

best of my knowledge and belief.

Hyderabad.
Dated: -02-2023 DEPONENT
The deponent is identified by me.

ADVOCATE.
Solemnly affirmed on oath before me on this ___
day of February, 2023, by the deponent above named, who
has been identified by MR. MEHBOOB ALI SOLANGI
ADVOCATE, who is personally known to me.

COMMISSIONER FOR TAKING AFFIDAVIT.

The contents of the affidavit were first truly and
audibly read over and explained to the deponent above named
and he seems to have fully understood the same and signed
in my presence.

COMMISSIONER FOR TAKING AFFIDAVIT.

 IN THE COURT OF SESSIONS JUDGE
HYDERABAD

Cr. Bail Application No. of 2023

Farhan & others…………………..APPLICANTS/ACCUSED.

VERSUS
The State ………………………………..……..…RESPONDENT

AFFIDAVIT

I, Mursaleen Hassan Zardari S/o Hassan Ali Zardari

Muslim, adult, by caste Zardari R/o Mir Hassanabad
Hussainabad Taluka Latifabad District Hyderabad., do hereby
state on oath as under:-

1. That I am Applicant/accused No.5 in the above matter

and well conversant with the facts of the matter.

2. That accompanying Application U/S 498 Cr.PC has

been drafted and being moved under my instruction,
contents thereof are correct and may kindly be read and
treaded as part and parcel of this affidavit for the sake of
brevity.

3. That whatever stated above is true and correct to the

best of my knowledge and belief.

Hyderabad.
Dated: -02-2023 DEPONENT
The deponent is identified by me.

ADVOCATE.
Solemnly affirmed on oath before me on this ___
day of February, 2023, by the deponent above named, who
has been identified by MR. MEHBOOB ALI SOLANGI
ADVOCATE, who is personally known to me.

COMMISSIONER FOR TAKING AFFIDAVIT.

The contents of the affidavit were first truly and
audibly read over and explained to the deponent above named
and he seems to have fully understood the same and signed
in my presence.

COMMISSIONER FOR TAKING AFFIDAVIT.