IN THE COURT DISTRICT & SESSION JUDGE,

FAISLABAD
Pre-Arrest Bail application No. Of 2019

Ghulam Murtaza s/o Ali Muhmmad

Adult, Muslim by caste Saidani
R/o Village Ghulam Mustafa Saidani,
Taluka Chak No. 45 District Faisalabd
- - - - - - - - - -APPLICANT/ACCUSED

V E R S U S

THE STATE - - - - - - - - - RESPONDENT/COMPLAINANT

FIR No.44/2013
Police Station Chak No.45
U/S.302,324,337-D,337-F
(ii), 337-F(vi), 504, 147,
148, 149PPC

BAIL APPLICATOIN U/S 498 CR.PC

It is respectfully prayed on behalf of applicant/accused that this

Honourable Court may be pleased to admit the

applicant/accused on Pre-Arrest BAIL in above FIR No.44 of

2013 of Police Station Chak No.45 for offence punishable

U/S.302,324,337-D,337-F(ii) 337-F(vi), 504,147,148, 149PPC

on consideration of following facts and grounds: -

F A C T S

The facts of prosecution case as reflected and gleaned out of the

FIR registered on 07-08-2013 at about 2300 hours, complainant Dil

Jan appeared at PS Chamber and lodged FIR regarding an incident

took place on same date at about 0900 hours, wherein alleged that

he is Zamindar by profession and has not good terms with Ghulam

Mustafa s/o Ali Mohammad Leghari and his relatives on account of

landed property. According to complainant, they cultivate the

agricultural lands of Saleh Kalro on lease, which is situated near

the viliage of accused persons and on the day of incident, viz 07-

08-2013 at morning time, he and his relatives each one Ahsan

Ahmed s/o Abdul Shakoor Leghari, Ajeeb

Ahmed s/o Abdul Rafique Leghari, Noshad Ahmed s/o Mohammad

Usman Leghari, Mohammad Ilyas slo Haji Sonharo Leghari, Moula

Bux s/o Mitho Leghar and Razi Ahmed s/o Mohammad Usman

Leghari were busy in doing work in the field of cotton crop. In the

meantime at about 9-00 am, each Ghulam Mustafa Leghari armed

with rifle, Ghulam Nabi Leghari armed with rifle, Ghulam Murtaza

amed with pistol, Liaquat Ali Leghari armed with rifle, Salahuddin

Leghari armed with rifle, all sons of Ali Mohammad Leghari, Abdul

Ghani Leghari armed with pistol, Abdul Qadir Leghari, armed with

rifle, both sons of Khan Mohammad Leghari, Shakeel Ahmed s/o

Abdul Qadir Leghari armed with gun, all resident of village Ghulam

Mustafa Leghari, came over there and they abuse complainant

party and accused Ghulam Mustafa with intention to commit

murder, made straight fire from his rifle upon Ahsan Ahmed s/o

Abdul Shakoor Leghari, who after receiving injury fell down in the

watercourse arnd Ghulam Nabi Leghari made straight fire from his

rifle upon Ajeeb Khan slo Abdul Rafique Leghari, who also

sustained injuries and fell down in the watercoursë, accused

Liaquat Ali Leghari made straight fire from his rifle upon Noshad

Ahmed s/o Mohammad Usman Leghari, who after receiving injuries

fell down in the cotton crop. According to complainant accused

Salahuddin Leghari made straight fire from his rifle upon

Mohammad llyas slo Soonharo Leghari, who also after receiving

injuries, fell down in the cotton crop and remaining accused each

Ghulam Murtaza Leghari, Abdul Ghani Leghari, Shakeel Ahmed and

Abdul Qadir Leghari with intention to commit murder, made

straight fires upon complainant party, to which complainant, Moula

Bux and Razi Ahmed fell down in the cotton crop and took the
shelter and made themselves like dead. According to complainant,

all the above named accused were making straight fires upon

them, and due to firing, persons, who were working in nearby

lands attracted, and accused on seeing them, went away towards

their lands Thereafter, complainant alongwith Moula Bux and Razi

Ahmed saw that Ahsan Ahmed Leghari and Ajeeb Ahmed Leghari

were lying dead, who were taken out from watercourse and noticed

that Ahsan Ahmed Leghari having bullets injury at left watercourse

artd Ghulam Nabi Leghari made straight fire from his rifle upon

Ajeeb Khan s/o Abdul Rafique Leghari, who also sustained injuries

and fell down in the watercoursë, accused Liaquat Ali Leghari made

straight fire from his rifle upon Noshad Ahmed s/o Mohammad

Usman Leghari, who after receiving injuries fell down in the cotton

crop, According to complainant accused Salahuddin Leghari made

straight fire from his rifle upon Monammad Illyas s/o Sconharo

Leghari, who also after receiving injuries, fell down in the cotton

crop and remaining accused each Ghulam Murtaza Leghari, Abdul

Ghani Leghari, Shakeel Ahmed and Abdul Qadir Leghari with

intention to commit murder, made straight fires upon complainant

party, to which complainant, Moula Bux and Razi Ahmed fell down

in the cotton crop and took the shelter and made themselves like

dead. According to complainant, all the above named accused were

making straight fires upon them, and due to firing, persons, who

were working in nearby lands attracted, and accused on seeing

them, went away towards their lands. Thereafter, complainant

along with Moula Bux and Razi Ahmed saw that Ahsan Ahmed

Leghari and Ajeeb Ahmed Leghari were lying dead, who were taken

out from watercourse and noticed that Ahsan Ahmed Leghari

having bullets injury at left side nearby the heart, which was

through and through crossed from back side and deceased Ajeeb

Ahmed was having bullet injury at left side shoulder and one injury

at left side at the neck which were also through and through and

Illyas Leghari having fire shot injury at his left arm and left side

of abdomen and he was seriously injured and Noshad Ahmed was

having one bullet injury on his neck, which was also through and

through and was lying injured. According to complainant, he

alongwith Moula Bux and Razi Ahmed remained safe luckily and

thereafter conveyed such information to their relatives and

Chamber police through cell phone and made arrangements to shift

the injured Noshad Ahmed Leghari and Mohammad llyas Leghari

through Razi Ahmed and others after obtaining letter for treatment

from PS Chamber to Taluka Hospital Chamber. In the meantime

Chamber police also arrived at the spot and completed codel

formalities and then shifted the dead body to Taluka Hospital

Chamber, where injured Noshad Ali Leghari also succumbed to his

injuries and died away at about 9-40 am while injured Illyas

Leghari was referred to LMUH, Hyderabad and police after

conducting the postmortem of all the three deceased namely Ahsan

Ahmed, Ajecb Ahmed and Noshad Ai, handed over the dead bodies

to complainant for burial, who took the same to their village and

after burial, and Complainant at PS and lodged the FIR in the

manners so stated above.

G R O U N D S

1- That, the applicant/accused is innocent and the alleged

offence has not been committed by him at all and has been

implicated in this false, managed and concocted case by the police

with malafide intention and ulterior motives.

2- That, there is no specific role has been attributed to

the present applicant/accused, only the general and verbal
allegation are leveled against the present applicant/accused, and
such allegatios would be determined at the time of trial.

3- That, non-has sustained fire injury and only ineffective

firing is alleged, hence the section 324 is lacking which requires

further inquiry.

4-That there is no good terms with the complainant namely mr. dil

jan, that’s why he managing false story, registered false FIR.

5- That, this is the case of ineffective firing, which can

easily be managed against any person, even there is no any

neutral witness except interested witnesses, therefore in absence

of any neutral, the prosecution story has become doubtful and

looks managed one.

6- That, no any neutral witness has been associated by the

complainant to act as mashir to prove any connection or

Participation of the applicant/accused in commission of the alleged

offence.

7- That, all the P.Ws and both mashirs are belonging to

complainant party and subordinate to the complainant, hence they

are interested, set up, inimical and hostile towards the

applicant/accused.

8- That, the applicant/accused was not aware about the

pendency of case, after knowing he surrender before this

honourable court, as he can face the trial.

9- That, the facts and circumstances of the case, it

appears that the case against the applicant/accused is false,

managed and concocted, hence need further enquiry.

10- That, applicant accused is Innocent falsely dragged in

the case, with ulterior motives.

11- That, concerned police is continuously raiding the house

of applicants/accused for their malafide arrest at any cost and in

this way they have made the life of applicants/accused miserable.

12- That, there is great apprehension of malafide arrest of

applicants/accused at the hands of police, as police concerned is

very active for the arrest of applicant/accused at the instance of

complainant.

13- That, lives, liberty, Honour and prestige of

applicant/accused is in danger at the hands of police, in case

applicant/accused is arrested, he will be subjected to humiliation,

harassment and torture at the hands of police.

14-That, there exist no reasonable grounds to believe that

applicants/accused are guilty of offence punishable with death,

transportation for life.

15- That, other legal and fresh grounds will be advanced at

the time of arguments with permission of this Honourable Court.

16- That, there is no likelihood of abscondance or

tampering with prosecution evidence.

17.That there is more about 14 hours delay lodged the FIR, which

has not any plausible explanation and it further showed that the

FIR was lodged with deliberation and consultation to falsely

implicated the present applicant/accused.

18. That, applicants/accused are ready and willing to furnish

solvent surety to the entire satisfaction of this Honourable Court.

19. That other co-accused had been already granted bail by this

Honourable court means present applicant/accused is also entitle

for the same.

20. That, prior to this no bail application on behalf of

applicants/accused is filed in this crime before this Honourable

Court or any other Honourable court.

21. That,this Honourable Court may be pleased to release the

applicant/accused on bail.

Faisalabad
Dated: - ……..-07-2019 ADVOCATE FOR
APPLICANT/ACCUSED
 IN THE COURT OF DISTRICT & SESSION JUDGE,
FAISLABAD
Pre-Arrest Bail application No. Of 2019

GHULAM MURTAZA - - - - - - - - - - - APPLICANT/ACCUSED

V E R S U S
THE STATE - - - - - - - - - - - - - - - - - - - RESPONDENT
AFFIDAVIT
I, GHULAM MURTAZA S/o Ali Muhammad adult, Muslim
by caste Saidani, R/o Village Ghulam Mustafa Saidani,Taluka Chak
No.45,District Faisalabad, do hereby state on oath as under: -

1- That, I am applicant/accused in this matter, as such am

well conversant with the facts of the matter.

2- That, present affidavit & accompanying pre-arrest bail

have been drafted and filed under my instructions and contents of
the same are true and correct.

3 That, contents of accompanying pre-arrest bail

application may please be treated as part and parcel of this
affidavit for the sake of brevity.

4- Whatever stated above are true and correct to the best

of my knowledge and belief.

Faisalabad
Dated: …… -07-2019 (D E P O N E N T)

I know the deponent above named

(Advocate)
The deponent above named is identified by Mr. GULJI
MEGHWAR, Advocate, who is personally known to me.

COMMISSIONER FOR TAKING AFFIDAVIT

The contents of above affidavit have been read over and
explained to deponent above named in his language at Faisalabad
on this …………day of july 2019, which he confirms by putting his
signature as true and correct on solemn affirmation before me.

COMMISSIONER FOR TAKING AFFIDAVIT

 C E R T I F I C A T E

This is to certify that prior to this no Bail Application

has been moved on behalf of present/applicant(s)/accused in the

instant crime before any court of law.

ADVOCATE FOR
APPLICANT/ACCUSED