IN THE COURT OF SESSIONS JUDGE,HYDERABAD

CR. BAIL APPL. NO. OF 2023

Zeeshan Basher S/O Basher Ahmed Mastoi

Adult Muslim, R/O House No. B 33 Muhalla
Near Hilal Ahmer Dispensary Phase 1
Qasimabad Hyderabad

…………Applicant/accused

Versus

The State …………….. Respondent.

Cr.No.42/2023
P.S. Bhitai Nagar
U/s 324, 147,148, 149,
337 H(ii), 504. PPC

BAIL APPLICATION U/S 498 CR.P.C

It is prayed on behalf of the applicant/accused that this Honourable

Court may be pleased to admit the applicant/accused on bail before arrest
in case crime No. 42/2023of Police Station Bhitai Nagar for the offences
punishable u/s 324, 147,148, 149, 337 H(ii), 504. PPC, on consideration of
the following facts and grounds;-

FACTS

Brief facts of the prosecution case are that complainant lodged the

FIR on dated 22/03/2023 as following, That complainant studied in ninth

class, On 21.03.2023 complainant, along with his relative namely Abdul

Rehman S/O Ahsan Ali Thaheem went to house of their uncle namely

Kamran Ali Thaheem, and they were standing outside of Roopa Mari Hotel

that person namely Zeeshan Mastoi 2. Naveed Lashari 3. Hassan Shah @

Bandooq Shah along with three unknown person came there and started to
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Abused them and the complainant observed that the fight may accrue and

they left the place on their bike and when reached at Jamali Petrol Pump at

about 9;30 that the accused Zeeshan Mastoi having pistol in his hand

Naveed Lashari having pistol in one hand and iron clip in other hand while

dagger in the hand of bandooq shah and pistol in the hands of other three

accused person who came and said the that will spare them on seeing of

the complainant accused Naveed Lashari directly fired on Abdul Rehman

with intention to kill him and same hit his left leg and blooding started and

the accused Zeeshan hit the butt of pistol to Abdul Rehman on his left eyes

above side of forehead and bandook shah attacked with dagger on the

right side of ear who fell down and also tortured complainant with the

butts of pistol and Complainant was also injured by his right arm and right

side of forehead and then complainant hues and cries and the people

gathered around then the accused making Ariel firing went away on bikes

then complainant went to taluka hospital for first aid who referred them to

civil hospital Hyderabad and also he informed his uncle namely barkat and

after treatment he lodged same fir against the accused.

After registration of FIR, police started investigation and is

attempting raids at the houses of applicant/accused in order to arrest,

disgrace, humiliate and harass the applicant/accused with malafide

intention. The applicant/accused apprehend his arrest, disgrace,

humiliation at the hands of police. Hence this application.

GROUNDS
1. That the applicant/accused is innocent and have been falsely
implicated by the complainant.
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2. That on the face of it, prosecution story appears to be false,

fabricated and concocted one and does not attract prudent mind.

3. That the FIR is delayed by about 01 day without any plausible

explanation thus the same has been lodged with due deliberation
and consultation.

4. That story of the prosecution appears false on its face as no time

of letting the house or reaching at the roopa mari hotel is
mentioned by the complainant, neither any reason is mentioned
by him that how and why he was available at the hotel.

5. That no where it is mentioned by the complainant that the where

and in which area the house of his uncle is situated and why he
went at the place of first incident.

6. That no where it is mentioned by the complainant that why such

incident has taken place as no any reason has been mentioned by
the complainant that why the accused attacked on them which
does not attract the prudent mind, which needs further inquiry
and serious doubt on the part of prosecution.

7. That no where it is mentioned by the complainant any number of

any bike which was mentioned in the incident neither any
description is given.

8. That the complainant failed to mentioned that any of the accused

followed after first incident.

9. That it creates serious doubt on the part of complainant that he

did not went to P.S rather he went to hospital and same requires
the further inquiry.

10. That it is surprising to hear that no one injured except the

complainant party neither any thing has been recovered from the
place of incident.
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11. That the real facts are that the complainant along with injured
use to stand and tease the girls of muhalla on that numbers of
time the applicant and his family members restrained them that
they are acting as immorally and they don’t have to stand outside
of their house and on that they annoyed and issued threats that
they will make false story and will drag applicant party in false
cases.

12. That no any single independent witness is named who has seen
the applicant while attempting such act which is thickly populated
area.

13. That the present applicant has been attributed only injuries and
not more than that and all such sections are bailable except
section 324 which is not attributed to applicant neither it attracts
which will be decided at the time of the trial.

14. That there is no reasonable ground that the applicant/accused

has committed the alleged offence.

15. That there was no repetition of fire arm which shows that there

was no intention on the part of accused to commit Qatle-e-amd

thus the section 324 PPC is not attracted in the present case.

16. That ingredients of section 324 PPC are missing in the present
case as the complainant party was completely at the mercy of
accused and if there have had any intention of causing murder,
the accused could have repeated the fires but same is missing in
the present case and the injured have sustained simple injuries,
thus section 324 PPC has been misapplied by the police and
remaining sections are bailable
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17. That the applicant/accused is respectable persons and has

nothing to do with the alleged offence but he has been falsely
implicated due to enmity.

18. That no independent person has been cited as witness and the
witnesses cited are the close relatives/friends of the complainant.

19. That no independent witness has been shown by the complainant

though the place of incident is a thickly populated area and all
the witnesses are interested and hostile to the accused.

20. That the complainant party has good relation with the police and

with malafide intention, he lodged FIR against the

applicant/accused.

21. That the police is attempting raids at the house of

applicant/accused in odd hours of night in order to arrest,
disgrace and humiliate him and if he is not admitted to bail
before arrest, it will cause him unjustified harassment as he is
respectable person of the locality.
22. That all the P.Ws / mashirs are interested witnesses and there is
no apprehension of tampering with their evidence.

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

away.
24. That the applicant/accused is not previous convict nor hardened
criminal(as per instructions)
25. That the applicant/accused is prepared to furnish solvent surety
to the entire satisfaction of this Honourable Court.

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

arguments.

Hyderabad ,
Dated. .03. 2023. Advocate for applicant/accused
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IN THE COURT OF SESSIONS JUDGE, HYDERABAD

CR. BAIL APPL. NO. OF 2023

Zeeshan Mastoi …………. Applicants/accused

Versus

The State …………….. Respondent.

Cr.No.42/2023
P.S. Bhitai Nagar
U/s 324, 147,148, 149,
337 H(ii), 504. PP
AFFIDAVIT

I, Zeeshan Basher S/O Basher Ahmed Mastoi Adult Muslim, R/O House

No. B 33 Muhalla Near Hilal Ahmer Dispensary Phase 1 Qasimabad

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 what ever stated above is true and correct to the best of my
knowledge and belief.

Hyderabad .
Dated. .03. 2023. Deponent

The deponent is identified by me to the

commissioner for taking affidavit.

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.

Commissioner for taking affidavit.

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IN THE COURT OF SESSIONS JUDGE, HYDERABAD

CR. BAIL APPL. NO. OF 2023

Zeeshan Mastoi …………. Applicants/accused

Versus

The State …………….. Respondent.

Cr.No.42/2023
P.S. Bhitai Nagar
U/s 324, 147,148, 149,
337 H(ii), 504. PP

CERTIFICATE

In view of order dated 22.01.2015, passed by the Honourable

Supreme Court of Pakistan in Cr. Revision Petition No.8-L and 10-L of

2013, this is to certify that prior to this, no bail application has been

filed on behalf of the applicant/accused in the above said crime

before this Honourable Court. If the above statement is found

incorrect, I shall be personally held responsible with all consequences.

Hyderabad.

Dated. .03.2023. Advocate for the applicant