IN THE COURT OF SESSIONS JUDGE, HYDERABAD.

CR. BAIL APPL. NO. OF 2021

Jahanzeb S/o Jalaludin ,

Muslim, Adult R/o: H.No,b-65
Bismillah Town Mirpurkhas Road,
Hyderabad. ……………………………………….Applicant/accused

Versus

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

Crime No.01/2021
U/s 8th SPPMSSU GM-Act, 2019
P.S. Hali Road Hyd

BAIL APPLICATION UNDE SECTION 498 CR.P.C

It is respectfully prayed on behalf of above named

applicant/accused that this Honourable Court may be pleased to

directly admit them on Pre-Arrest bail on the consideration of

following facts and grounds:-

FACTS

Brief facts of the prosecution case are that on 03.01.2021

complainant SIP Muhammad Khan Panhwar lodged report that on that

date complainant along with his subordinate staff namely HC Noor

Muhammad PC Naveed Ahmed PC Nartesh Kumar DPC Muhamad

Hanif alongwith left P.S for patrolling in the area under Roznamcha

Entry No.16, at 2350 hours on Government Vehicle/Mobile No.SPD-

972 for patrolling during which while patrolling from various places

when they reached at Badin stop one person gave spy information

that one super Hino Mazda No. pt-0415 with white colour was coming

from maji hospital auto bhan road to Fateh Chowk and we started the

checking of vehicles then during at about 0100 on the spy information

 2

said vehicle was coming which was very fast to them they cautioned

of tourch to stop on that the driver tried to escape by stoping away

from us and tried to trun the vehicle by seeing one person from the

side the mazda jumped and run away toward the side of road in the

pushes and two persons were arrested by the complainant and due to

the lack of private mashir the staff HC Noor Muhmammad and PC

Naveed Ahmed appointed the mashir on inquired the accused

disclosed his name Waseem Khan S/o Allah Rakhio by caste Jatoi R/o

Moosa Khan Wasti Dadr Sibi Balouchistan now at kanch mill

Hyderabad from his personal search 6 notes of 500 collectively 3000

recovered and other accused told his name Javed Ahmed S/O Babu

Jan by caste Lerhi Brohi r/o Ameri Abad Kali Qambrani Quetta no at

Hala Naka Hyderabad from his personal search one thousand rupees

by collection of different notes they disclosed that the accused who

run away was Jahanzeb R/O Tando Yousif who is there partner is

selling of the gutka and mainpuri and we searched the mazda which

was taken into custody and saw on the light of tourch in which there

were 105 katas of white and different colours to whom we with the

iron checker in which there was the material/ powder of making

mainpuri and in one kata there were 910 mainpuris and we checked

the no of mazda pt-0415 engine no 22010-4871-191000 chassis no

was not seen model unknown white colour with red and blue colour

body which was taken into police custody and taken sample from all

of the katas for chemical checking which were sealed in white colour

piece of cloth and also put one seal to every kata and the One kata

which had the mainpuries was sealed separately and the money

recovered was kept in the envelope on further inquiry the accused

disclosed that they sell the mainpuri and the same was taken by them

in order to make the mainpuri the accused have committed the

offence u/s 8TH SPPMSSU GM-ACT, 2019 Complainant brought the

 3

accused and property to P.S. and lodged FIR u/s 8 th SPPMSSU GM-Act,

2019 on behalf of state.

Note:- The complainant of complainant as per his word by word

after entry the case read over him who admitted to be true and

signed.

Police Proceeding

Sir, it is requested that complainant on behalf of

complainant kept in the book under section 154 Cr.P.C and in

compliance of 157 Cr.P.C presented and copy of FIR sent to the high

officials and myself is busy investigation.

Sd.-

GROUNDS

1. That the applicant/accused is innocent and has been falsely

implicated in this case by the police.

2. That on the face of it, prosecution story appears to be

doubtful and no such incident has taken place.

3. That the alleged place of incident is thickly populated area

but the complainant did not bother to associate any private

person to act as mashir which has made the case of

prosecution very much doubtful.

4. That as per the contents of FIR the police party proceeded

towards the place of incident upon the spy information but

did not bother to associate a single private mashir which

creates serious doubts on the case of prosecution.

5. That as per the contents of FIR there are allegation of selling

the mainpuri but the complainant party did not sent any fake

purchaser to strengthen the case of prosecution which is

also requires further inquiry.

 4

6. That it is impossible to believe that a person has escaped

from the police even though they did not mentioned that

why they did not bother to follow the escaped accused which

does not attract to the prudent mind and requires further

inquiry.

7. That the real story behind this concocted story is that the

applicant/accused had filled the one application for the

protection from one the culprit person of locality who was

supported by the police on that the SIP numbers of time

issued threats to applicant/accused that he would be

involved in false cases and he did the same and the police

party foisted the alleged property upon the applicant

accused otherwise nothing incriminating material has been

recovered from the possession of the accused and same

story has been managed by the police party to fulfill the

enmity.

8. That in the present FIR, police did not mentioned that they

have taken sample from all of the katas and all were kept

separately even though it has not been mentioned that all of

the katas were sealed on the spot. Which indicates that no

any proper way of taking sample was adopted which requires

further inquiry.

9. That it is also admitted position that in whole of the story

police has not mentioned that they had the investigation kit

with them and it is also surprising that from where they

brought one iron checking article which create serious doubt

on the part of the prosecution which needs further enquiry.

10. That nothing incriminating has been recovered from the

applicant/accused but the police has foisted the property

upon him malafidely.

 5

11. That the alleged offence does not fall in the ambit of

prohibitory clause and it is well settled law by the apex court

that in these types of cases the bail is a rule and rejection is

exceptional.

12. That there is no any direct or indirect evidence to connect

the applicant/accused with alleged offence.

13. That all the P.Ws/mashirs are interested witnesses and there

is no apprehension of tampering with their evidence.

14. That the case falls within the purview of further inquiry and

in such case, the applicant is entitled for concession of bail.

15. That it is well settled law that so many doubtful

circumstances are not required to render the prosecution

case to be doubtful but even a single circumstance that

creates doubt in judicial and prudent mind is sufficient to

render the whole prosecution case to be doubtful.

16. That applicant/accused being local person will not abscond

away.

17. That the applicant/accused is not previous convict nor

hardened criminal (as per instructions)

18. That the applicant/accused is prepared to furnish solvent

surety to the entire satisfaction of this Honourable Court.

19. That prior to this, no bail application has been filed on behalf

of the applicant/accused before this or any other Honourable

Court.

20. That further grounds if any would be submitted at the time

of arguments.

21. That the grant of bail will meet with the ends of justice.

Hyderabad.
Dated -01-2021. Advocate for applicant/accused
 6

IN THE COURT OF SESSIONS JUDGE, HYDERABAD

CR. BAIL APPL. NO. OF 2021

Jahanzeb ………………………………………….Applicant/accused

Versus

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

Crime No.01/2021
U/s 8th SPPMSSU GM-Act, 2019
P.S. Hali Road Hyd

CERTIFICATE

In view of Honourable Supreme Court decision dated

22-01-2014 passed in criminal revision petition NO.8-L 10-L of
2013 this is to certify that prior to this bail application, no bail
application of present applicant/accused has been filed in any
Court or before this Honorable Court in the above mentioned
crime in case of fact mentioned in the certificate/ statement is
found incorrect, I shall be personally held responsible with all its
consequences.

Hyderabad Advocate
Dated -01-2021 for applicant/ accused
 7

IN THE COURT OF SESSIONS JUDGE, HYDERABAD

CR. BAIL APPL. NO. OF 2021

Jahanzeb ………………………………………….Applicant/accused

Versus

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

AFFIDAVIT

I, Jahanzeb
S/o Jalaludin , Muslim, Adult R/o: H.No,b-65
Bismillah Town Mirpurkhas Road,Hyderabad do hereby state on oath as
under:-

1. That I am applicant/accused in the above matter as such am well

conversant with the facts of the case.
2. That accompanying application u/s 498 Cr.P.C. has been drafted
under my instructions.
3. That I apprehend my arrest, disgrace, humiliation at the hands of
police, who are bent upon to arrest me.
4. That whatever stated above is true and correct to the best of my
knowledge and belief.

Hyderabad.
Dated. .01.2021. Deponent

I know the deponent.

Advocate
The deponent is identified to me by Mr. Naeem Hussain Gadehi Advocate
who is personally known to me.

Commissioner for taking affidavit.

Contents of this affidavit were truly and audibly read over to

the deponent above named in his mother tongue who appears to have
understood the same and put his signature in my presence.
 8

Commissioner for taking affidavit.