IN THE COURT OF JUDGE/DUTY JUDGE

ANTI-TERRORISM, COURT NO. 1, MULTAN.

1. Muhammad Jahangir S/o Muhammad Afzal, caste Malana.

2. Muhammad Azhar S/o Muhammad Ramzan, caste Khera.
Both residents of Mauza Dera Haibat, Rang Pur, Tehsil &
District Muzaffargarh.
Petitioners
VERSUS
The State ….Respondent

Application U/s 497 Cr.P.C.

F.I.R. No. 46/2000 dated 2.2.2000
U/s 10 (4)/11/7/79 P.S. Cantt. Multan.

Respectfully Sheweth: -
1. That it is the 2nd bail application of the petitioners. The first
(pre-arrest bail) application of the petitioners was dismissed
on 4.10.2000.

2. That Mst. Zulikhan Bibi the complainant of this case stated

that she was married to one Mehmood-ul-Hassan five years
back and since last 1-1/2 years due to strained relations
between the spouses, she is living with her mother. On
1.2.2000 at 5.00 p.m. she, along-with her BEHNOI
Muhammad Ismail came to Multan for treatment and stayed
at the house of Muhammad Aslam a friend of Muhammad
Ismail, whose other family members were not present at
home. Her BEHNOI went to fetch juice for her. About 9.000
p.m. eight armed persons namely Muhammad Iqbal S/o
 Muhammad Ramzan, Zameer Hussain S/o Haq Nawaz, caste
Marjana R/o Mauza Syed Pur, Rang Pur, District
Muzaffargarh, (iii) Azhar Khera S/o unknown, (iv) Jahangir
S/o Afzal Malana (v) Amjad S/o Lal Khera (vi) Aamer S/o lal
Khera both residents oof Rang Pur, Muzaffargarh (known
afterwards) along-with 2 unknown can be identified on
appearance, emerged suddenly and asked about Husnain
Khera from Aslam and started to search the house. Looking at
the complainant and asked from Aslam about her, who replied
that she is “Sali” of his friend and is a patient. They said that
she be treated at Nishtar Hospital. Amjad Khera, meanwhile
by showing pistols 30 bores threatened the complainant to
remain silent and boarded her in a Rickshaw. The complainant
was taken to a room of Bhutta hall of Nishtar Hospital, where
she was subjected to gang rape. At 3.00 a.m. they dropped her
at the house of Aslam, by extending threats of murder incase
of disclosing the occurrence to someone. She afterwards,
stated the occurrence to her BEHNOI and then reported the
matter to Police. Hence, this F.I.R.

3. That the petitioners are seeking bail on the following: -

GROUNDS

a) That the case is false against the petitioners and the

petitioners are roped up in this case due to malafide and
ulterior motive of some unknown persons.

b) That the petitioners are innocent and having no concern

whatsoever with the occurrence.

c) That during the course of investigation, the

complainant did not identify the petitioners as culprits,
and on this satisfaction the police did not include the
names of petitioners in the report U/s 173 Cr.P.C. But
now the reasons best known the police. The names of
the petitioners are included.
d) That the complainant has filed an affidavit in this
Hon’ble court to effect that the petitioners and others
are not the real accused, and she did not want to
prosecute anyone named in the F.I.R.

e) That on the basis of affidavits tendered by the

complainant and sole witness of abduction, the
remaining alleged accused persons were extended
concession of bail by this Hon’ble Court and case of
the petitioners is at par also.

f) That the petitioners are students of Swedish Institute of

Technology, Multan in different departments and after
attending the classes, always return back to their homes
as usual. So, presence of petitioners on the day of
occurrence is out of question.

g) That the pre-arrest bail application of petitioners was

dismissed without having any arguments because
learned advocates of both sides were not present.

h) That from the perusal of Medico-legal Certificate, no

commission of Zina is made out.

i) That there is no witness of occurrence except the

prosecutrix.

j) That in the present circumstances, along-with the

affidavits of witnesses and prosecutrix it is a case of
further inquiry against the petitioners.

k) That there are no reasonable grounds existing to

connect the petitioners with the offence

l) That the petitioners are previous non-convict and also

have no police record.

m) That the investigation in this case is almost complete

and the persons of the petitioners are no more required
for the investigation and their detention could not serve
any useful purpose.

It is, therefore, respectfully submitted that

the petitioners be allowed post-arrest bail till the
final disposal of this case.
Any other relief, which this Hon’ble Court
deems fit may please be extended in favour of
the petitioners.
Humble Petitioners

Through: -
Hamad Afzal Bajwa,
Advocate High Court,
Muhammadan Block,
District Courts, Multan.
C.C. No. 20959