324 PPC 497

IN THE COURT OF SESSIONS JUDGE THATTA

Cr. Bail Application No. of 2020

1. Ghulam Nabi s/o Abdul Khalique Gabol,

2. Abdul Haq s/o Mohammad Hashim Sodo,
Now confined at Sub Jail Thatta …………… Applicants/Accused
VERSUS
The State ………………………………………………………..……… Respondent
BAIL APPLICATION U/S 497 CR.P.C
It is prayed on behalf of the Applicants/accused named

above that this Honourable Court may be pleased to admit them on
bail in crime No.9 of 2020 of PS Keenjhar Lake, for the offence
punishable u/s 324, 337 A(i), 147, 148, 149, 114, 504 PPC, on
consideration of the following facts and grounds:-
FACTS
The brief facts of prosecution case as alleged in the FIR

are that on 02.03.2020 at 1845 hours, complainant Syed Jalal Shah
appeared at PS Keenjhar Lake and lodged his report alleging therein
that he reside at above given address and is a landlord. On
02.03.2020, he along with Nazir Ahmed s/o Shafi Mohammad
Jakhro, Sartaj s/o Abdul Hameed Turk and Sohail s/o Abdul Fattah
Umrani boarding in their Honda Civic Car ADL-477, were coming
from Thatta to Keenjhar. When at 1610 hours, they reached NHW
Hyderabad-Thatta road near Chillya Toll Plaza, the toll staff namely
everyone (1) Lal Mohammad Sodho (2) Ghulam Nabi Gabol (3)
Abdul Haq Sodho and two unknown persons, who can be identified
if seen again, who lowered the stick and stopped the complainant
party saying that as to why they filed case against their toll before
Honorable High Court of Sindh Karachi and why they protest against
them, adding that they won’t be spared. Meanwhile accused Lal
Mohammad Sodho abused and instigated co-accused to grab and
complainant party and not to spare them, meanwhile accused
Ghulam Nabi Gabol caused straight iron rod blow to complainant
with intention to kill him, who placed his hand in defense and the
blow hit him in his right hand little finger and other accused also
abused and caused kicks and fist blows, meanwhile Abdul Sattar
Qureshi and Natho Brohi also reached there who beseeched the
accused and rescued complainant who went to PS Keenjhar,
obtained letter for treatment and after treatment the complainant
appeared at PS and lodged FIR that at the instance of accused Lal
Mohammad, accused Ghulam Nabi s/o Abdul Khalique Gabol and
Abdul Haq s/o Mohammad Hashim Sodho r/o at present Chillya and
two unknown persons, in furtherance of their common intention,
wrongfully restrained them, assaulted and injured them so also
abused them.
That, police registered the FIR, conducted usual
investigation and arrested the applicants/accused who are confined
at Sub Jail Thatta, hence this bail application.
GROUNDS
1. That, there are no reasonable grounds to believe that

the Applicants/accused have committed the offence with which they
stand charged.
2. That, there is inordinate delay of more than two hours
in lodging the FIR without any plausible explanation while the PS is
situated at a distance of 9/10 kilometers from the alleged place of
incident which shows due deliberation and consultation on the part
of complainant and false implication of applicants/accused in such
type of case can not be ruled out.
3. That, in fact no such incident took place and entire
prosecution story is false, baseless and managed one. The real fact
is that the complainant is District President of Sindh Taraqi Pasand
Party (STP). He is a highly influential person. On the day of incident,
he along with another activist of STP namely Imtiaz Samoon was
passing from Chillya Toll Plaza and they were stopped by the toll
staff and demanded toll tax which annoyed the complainant party,
who attacked upon the toll plaza and the complainant broke the
glass of toll plaza with his fist and sustained injury at his right hand
little finger but by using his undue influence and with the help of his
journalists and social media, pressurized the local police and got
lodged the instant false FIR against the applicants who are innocent
and did not commit any offence (the relevant video clips and posts
shall be presented with the permission of this Honorable court in
order to bring real facts on record).
4. That, the story narrated in the FIR, is false, managed
and unbelievable in the eyes of law. It is unbelievable that the
applicants being poor employees would dare to commit such alleged
offence.
5. That, section 324 PPC is misapplied as no repetition of
alleged injury is mentioned in the FIR nor any injury is alleged on
any vital part of body to show the intention of murder, however the
remaining sections are bailable.
6. That, no such incident took place at all as alleged in the
FIR and the complainant lodged this false case with malafide
intention and for ulterior motives.
7. That, in the above circumstances, the case against the
applicants/accused is one of further enquiry u/s 497 (2) Cr.P.C and
the prosecution story is full of doubts and it is settled law that
benefit of doubt must be extended to accused even at bails stage.
8. That, the alleged offence does not exclusively fall within
the purview of section 497 (1) Cr.P.C.
9. That, the accused persons had remained in custody of
police, despite that, nothing was recovered from them, as such, the
virtual investigation has been completed and the applicants/accused
are not more required to police for investigation purpose.
10. That, there is difference between ocular and medical
version, which makes the case one of further enquiry.
11. That, further detention of applicants/accused would not
serve any useful purpose but hardship for their family as they are
bread winning members of their family.
12. That, the basic concept of bail is that no innocent
person’s liberty is to be curtailed, until and unless proved otherwise.
The presumption in law is that every accused is innocent until his
guilt is proved.
13. That, the Applicants are local persons and there is no
any apprehension of their abscontion.
14. That, the Applicants are ready to furnish solvent surety
to the satisfaction of this Honourable Court.
15. That, further grounds will be argued at the time of final
arguments with permission of this Honourable court.
Thatta
Dated: 13.03.2020 Advocate for Accused

324 PPC 497

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IN THE COURT OF SESSIONS JUDGE THATTA

Cr. Bail Application No. of 2020

1. Ghulam Nabi s/o Abdul Khalique Gabol,

The State ………………………………………………………..……… Respondent

BAIL APPLICATION U/S 497 CR.P.C

It is prayed on behalf of the Applicants/accused named

The brief facts of prosecution case as alleged in the FIR

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

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