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: 25.5.1996
Under Section: 392/411, 148 & 149, 34 P.P.C.
P.S. Glayawal, District Lodhran.

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, inter-
alia 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 337-
L (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