LIAQUAT ALI Versus State

ORDER

1. AZIZULLAH M. MEMON, J .--

2. Dismissed as infructuous.

2. Heard learned counsel appearing for the parties.

3. Injured complainant Muhammad Murad alias Baboo had lodged F.I.R. at Saddar Police Station, Jacobabad Town on 19-5-2005, stating therein that he was residing with his brothers, namely, Abdul Wahab, Abdul Majeed and Shaman and they had dispute with Ghulam Hyder, Wali Muhammad and others over the matrimonial disputes since long time back; on the day before day of incident, in the evening, Ghulam Hyder and others called the complainant on phone to ask him and others to go to Jacobabad in order to resolve the longstanding dispute over the matrimonial affairs before the `Sardar'; hence on 19-5-2005 during the morning time, deceased-complainant Muhammad Murad took his brothers Abdul Wahab, Abdul Majeed and Shaman, to leave for Jacobabad, and they reached at Purano Palace Hotel,' where Ghulam Hyder, Wali Muhammad, Panah and with two sons of Soomar, whose names were not known to the complainant, met him; complainant was told that a conveyance was got parked at a closer distance and asked that to go there; and complainant and his brothers started hitting by foot; at about 10.00 'a.m., when they reached near Al-Abbas Petrol Pump, accused Ghulam Hyder instigated the others saying that Muhammad Murad alias Baboo complainant should be done to death, and should not be spared, whereupon all other accused took out their respective T.T. Pistols from the folds of Shalwar, then Wali Muhammad and Panah accused fired their respective pistols on the person of complainant, who thereby sustained injuries, fell down on the ground and then the accused persons went away with their respective firearms injured complainant was taken to the hospital by his brothers, where he succumbed to the injuries and died.

4. Learned counsel for the applicant has argued that name of applicant Liaquat Ali Buledi does not transpire in the F.I.R. though he is real brother of the co-accused; he has further argued that co-accused Wali Muhammad and Ghulam Hyder, after the investigation completed, were placed in column No.2 of the challan, which was submitted before the Court of competent Magistrate on 20-8-2005, and learned counsel further states at the bar that no revision or any other judicial proceedings have been filed by the complainant party against placing of the said accused in the column No.2 by the investigating agency.

5. Looking at the fact that the specific role regarding attack upon the deceased is not attributed to the applicant Liaquat Ali, and also the fact that co-accused Ghulam Hyder and Wali Muhammad were found to be not involved in the incident during the investigation, applicant Liaquat Ali is admitted to bail with two sureties, each in the sum of Rs.200,000 and P.R. bond in the like amount to the satisfaction of trial Court.

6. H.B.T./L-9/K Bail granted.