IN THE HIGH COURT OF SINDH CIRCUIT COURT, LARKANA.

Crl. Misc. Appln. No:S___________/2024

Munir Ahmed S/o Amanullah Khan by Caste Banglani,

Adult, Muslim, r/o Village Din Muhammad Taluka
Tangwani District Kashmore @ Kandhkot ----------------------------------- Applicant

VERSUS

1. The State
2. Gul Hassan S/o Tagyal By Caste Banglani, r/o Village Dur Muhammad
Banglani PS Mubarakpur Taluka Thul District Jacobabd ----------------Respondents

Off: U/S 302, 109, 506/2, 147, 149 PPC

Crime No.07/2024, P.S Mubarakpur
District Jacobabad

APPLICATION UNDER SECTION 561-A Cr.P.C

Being aggrieved and dis satisfied with the order dated 27-06-2024 passed by the
learned I/C Consumer Protection Judge/JM Jacobabad where he has included/joined applicant
in the case to face the trial whereas the DSP/I.O complaint cell has submitted final investigation
report u/s 173 in crime No. 07/2024, PS Mubarakpur offences punishable u/s 302, 109, 506/2,
34 PPC with recommendation for trial of the offence, However the name of present
applicant/accused was kept in column No. 2 of the charge sheet with blue ink, meaning thereby
has intended that applicant be not tried for the alleged offence. That this Honourable court may
be pleased to set aside the impugned order dated 27-06-2024 passed the learned I/C Consumer
Protection Judge/JM Jacobabad and direct the learned Magistrate to accept the report as
recommended by I.O and also suspend its operation till final decision of this application on the
consideration of following facts and grounds:-

FACTS
On 21.02.2024, complainant Gul Hassan Bangulani, Lodged present FIR, which is
reproducing as under:-

“Respectable Sir, complaint is that I used to reside at captioned address, Jahnageer

Bangulani party are our relatives. In the year 2016, Majid S/O Jehangeer Bangulani was
Murdered in Kandhkot town, such case wase initially registered against unknown accused
subsequently introduced the names of my father Tagial, brother Sajjad Ali, Abdul Waheed
Bangulani, Abdul Bari Bangulani and Asadullah Dayo, later on a faisla before Sardar was held
in between real culprits everyone Abdul Waheed, Abdul Bari and Asadullah Dayo and
Jehangeer Bangulani regarding murder of Majid and received compensation from them, and
offered such clearance but they refused and my father Tagial and brother Sajjad Ali were
arrested at their instance and were remanded to jail, who were released on bail after some time.
That Jehangeer party used to send messages that they will cause harm to us. Today at evening
time, I alongwith my brother Sajjad Ali aged about 22 years, brother Javed Ali Bangulani were
standing and chitchatting with each other at the land of Muhammad Yaqoob Banglanui outside
the village, when at about 04.30 p.m, accused everyone Munir Ahmed s/o Amanullah, 2.
Muhammad Sharif s/o Attur Khan, 3. Aijaz Ahmed s/o Muhammad Shraif, 4.Aftab Ahmed s/o
Jehangir, all by caste Bangulani, resident Of village Din Muhammad Bangulani, Taluka
Tangwnai, 5. Fakhardin s/o Dur Muhammad Bangulani, resident of village Dur Muhammad
Bangulani, Taluka Thul arrived on two motorcycles. All the accused Persons be-boarded from
motorcycles, took out TT pistols from their folds aimed the same upon us. Accused Muneer
Ahmed challenged us that as his nephew was murdered by Sajjad Ali, therefore, he would not
be spared by saying so accused Muneer Ahmed made straight fire of Pistol at Sajjad Ali with
intention to commit his murder, which hit him at left side of ribs, Sajjad raised cry then fell
down, accused Muhammad Sharif made straight fire of TT pistol at brother Sajjad with
intention to commit his murder which hit him at back, accused Aftab Ahmed made straight fire
of TT Pistol at Sajjad Ali with intention to commit his murder which hit him at his elbow joint
of left arm, we raised cries on which accused persons aimed their pistols upon us and directed
us not to complaint else would be murdered. Then all the accused persons boarded on
motorcycles fled away towards southern side alongwith Pistols. We saw that Sajjad has
received a fire arm injury at left side of ribs, below left nipple, through and through, a fire at
back below neck, above chest through and through, a through and through fire at elbow joint of
left arm, blood was oozing from the injuries, in our sight he expired after writhing. Then I
communicated such information to Mubarakpur Police, police arrived, shifted the dead body of
Sajjad Ali to Taluka Hospital Thul, after post mortem, dead body was handed over to us For
funeral purpose we buried the same. Now I have appeared, complaint that above mentioned
accused persons in furtherance of their common object, duly armed with weapons, accused
Munir Ahmed Bangulani, Aftab Ahmed Bangulai, Muhammad Sharif Bangulani committed
murder of Sajjad Ali by making fires of TT pistols at the instigation of accused Jehangeer s/o
Amanullah Din Muhammad Bangulani, Taluka Bangulani, R/o village Tangwani. All the
accused persons issued threats of murder. I am Complainant; action be taken.”

Police after registration of FIR started investigation and after usual investigation
submitted the report in the court of learned magistrate while putting the name of present
applicant in column No. 2 of chargesheet but the I/C of learned Consumer Protection
Court/JM Jacobabad joined him as accused. Hence this application for 1st time.

GROUNDS

1. That prior to this no such application on behalf of the applicants was moved by the
undersigned before this Honourable Court.

2. That the application has been filed within time.

3. That the impugned order dated 27-06-2024 passed by the I/C Learned Consumer
Protection Judge/JM Jacobabad is illegal, incorrect, erroneous and the same is liable to
be set aside on merits.
4. That learned Consumer Protection Court/JM Jacobabad without verifying real facts
presented by I.O in his final investigation report u/s 173 CrPC include the name of
present applicant in the case to face the trial.

1. That on the alleged date and time of incident present applicant was available in Saudi
Araabia for performing Umrah and was not available and was not present in Pakistan
when he was not physically available in Pakistan than how he participated in the
commission of offence and fired at deceased.

2. That as and when present applicant return back from Saudi Arabia he immediately
obtained protective bail than surrendered himself before the court of learned sessions
judge Jacobabad and submitted pre arrest bail application which was transferred to the
court of learned 2nd Additional Sessions Judge Jacobabad where the pre arrest bail
application of present applicant was confirmed.

3. That present applicant after getting pre arrest bail joined the investigation so also trial
before the court of learned magistrate than I.O /DSP Complaint Cell submitted final
investigation report u/s 173 CrPC before the learned Consumer Protection Court/JM
Jacobabad where the name of present applicant/accused was kept in column No. 2 of the
charge sheet with blue ink, meaning thereby has intended that applicant be not tried for
the alleged offence.

4. That SSP Jacobabad during track of investigation of above case verified the travel
history of present applicant from Deputy Director, FIA Immigration at Jinnah
International Airport Karachi through letter No. L.B 2140-42 dated 16-04-2024 which
found to be true and correct.

5. That it is the matter of record that present applicant was complainant in case Crime No.
217 of 2016 registered with PS A Section Kandhkot u/s 302 PPC against complainant
party of this case therefore in order to settle the account of previous enmity his name
was introduced by highly influential complainant with the help of police just to see
present applicant behind the bars.

6. That it is the well settled principles of law that police can not register a case against a
person who was not present at the scene of offence but available in another country. The
registration of a case against a person who was not available in the country at the time of
the incident is a case of mala fide intention and abuse of the powers so he was rightly let
of by police during the track of investigation.

5. That the impugned order dated 27-06-2024, passed by the learned I/C Consumer
Protection Court/JM Jacobabad is totally against the law and justice.

6. That when final report was submitted by the I.O before the court of learned magistrate
while putting the name of present applicant in coloumn No. 2 of the charge sheet than
the learned magistrate got verified the documents which were produced by the present
 applicant before I.O so also before the court of learned magistrate and documents were
verified from concerned authorities and were found to be true and correct.

7. That the learned I/C Consumer Protection Court/JM Jacobabad passed the impugned
order in hasty manner without perusing the documentary material placed on record and
did not considered the police report and passed the order.

8. That the order dated 27-06-2024 passed by the learned I/C Consumer Protection
Court/JM Jacobabad is based on presumption and assumption, therefore, the law, facts,
equity, and justice requires that application may be allowed and impugned order may be
set aside.

9. That the order dated 27-6-2024 passed by the learned I/C Consumer Protection
Court/JM Jacobabad is not proper form and grass and whole sale injustice has been done
to the applicants and order has been passed in violation of guidelines and principles led
down by the Superior courts.

10. That further grounds would be argued at the time of hearing of this application, with
kind permission of this Honourable court.

11. That it would be in the interest of Justice to allow this aaplication.

LARKANA (SAEED AHMED BIJARANI)

Dated: 08.07.2024 Advocate for applicants

CERTIFICATE

This is to certify that this is the 1st Crl Misc application filed before this Hon’ble court on
behalf of the applicants no any other application of similar nature is pending before this Hon’ble
Court or any other court of law having jurisdiction.

LARKANA (SAEED AHMED BIJARANI)

Dated: 08.07.2024 Advocate for applicants
 IN THE HIGH COURT OF SINDH CIRCUIT COURT, LARKANA.
Crl. Misc. Appln: NO.-S ______ of 2024

Munir Ahmed Banglani --------------------------------------------------------- Applicant

VERSUS

The State and another ---------------------------------------------------------- Respondents

Off: U/S 302, 109, 506/2, 147, 149 PPC
Crime No.07/2024, P.S Mubarakpur
District Jacobabad

URGENT APPLICATIOIN UNDER RULE IX CHAPTER III-B

VOLUME-V OF HIGH COURT RULES AND ORDERS.

It is prayed on behalf of the above named applicant that this Honourable Court

may graciously be pleased to treat the above matter as urgent and fix it in the Court on:08-

07-.2024 as the matter requires urgency else the filling of instant application would become

infractures.

The grant of this application will be in the interest of justice.

LARKANA (SAEED AHMED B. BIJARANI)

Dated. 08-07-2024 Advocate for the applicant
 IN THE HIGH COURT OF SINDH CIRCUIT COURT, LARKANA.
Crl. Misc. Appln: NO.-S ______ of 2024

Munir Ahmed Banglani --------------------------------------------------------- Applicant

VERSUS

The State and another ---------------------------------------------------------- Respondents

Off: U/S 302, 109, 506/2, 147, 149 PPC
Crime No.07/2024, P.S Mubarakpur
District Jacobabad

INDEX

Sr.No PARTICULARS ANNEXURES PAGES

1.
Memo of application 01 to 08

2. CTC of FIR Crime No. 07/2024 PS Mubarakpur District

A
Jacobabad
3.
English True Translation of FIR A-1

4.
Certified true copy of report u/s 173 CrPC B

5. CTC of Order dated 27-06-2024 passed on it by the

B-1
learned I/C Magistrate

6.
CTC of Scrutiny report of I/C DPP Jacobabad C

7.
PS Copy of Opinion of SSP Jacobabad D

PS Copy of a Letter No. LB/2140-42 dated 16-04-2024

8.
issued by SSP Jacobabad To DD FIA Immigration E
Karachi
PS Copy of a letter No. FIA/I&AHS/L.O/2024/1311 dated
9.
19-04-2024 by DD FIA Karachi along with travel history E-1
of present applicant to SSP Jacobabad
10. CTC of a letter issued by the learned Magistrate to DD
F
FIA Immigration Karachi
11. CTC of a Letter by DD FIA Karachi to the learned
F-1
Magistrate
PS Copy of No Objection Certificate issued by Director
12.
Schools Education Larkana to Applicant Dated 13-02- G
2024
13.
PS Copy of a Passport of Applicant H

14. PS Copy of a Visa issued by Saudi Arabia Embassy to

I
applicant
15. PS Copy of a ticket of Saudi Arabian Airlines issued to
J
applicant
16.
PS Copy of boarding pass of applicant K

17.
Urgent application
01 to 02
18.
Exemption application 03 to 04

19.
Vakalatnama 05 to 06

LARKANA (SAEED AHMED B. BIJARANI)

Dated. 08-07-2024 Advocate for the applicant
 IN THE HIGH COURT OF SINDH CIRCUIT COURT, LARKANA.
Crl. Misc. Appln: NO.-S ______ of 2024

Munir Ahmed Banglani ----------------------------------------------------------------------- Applicant

VERSUS

The State and other ---------------------------------------------------------------------- Respondent

Off: U/S 302, 109, 506/2, 147, 149 PPC
Crime No.07/2024, P.S Mubarakpur
District Jacobabad

EXEMPTION APPLICATION UNDER SECTION 561-A CR.P.C.

It is prayed on behalf of the above named applicants that this Honourable may

graciously be pleased to exempt him from filing the certified true copies of Annexures D to E-

1, G to K, as the same are not readily available with the applicants and also exempt him from

filling English true translations of annexure B as the same is not readily available with the

applicant.

The grant of this application would be in the interest of justice.

LARKANA (SAEED AHMED B. BIJARANI)

Dated. 08-07-2024 Advocate for the applicant
 ENGLISH TRUE TRANSLATION OF F.I.R.

IN THE COURT OF CONSUMER PROTECTION COURT/ JM JACOBABAD

Cr:No:07/2024, P.S Mubarakpur District Jacobabad

Date & Time of incident. 21.02.2024 at 1630 hours

• Date and Time of report. 21.02.2024 at 2345 hours.

• Name & Address of Gul Hasan s/o Tagyal by Caste Banglani r/o Dur
Complainant. Muhammad Banglani Taluka Thul
• Offence U/Section 302, 109, 506/2, 147, 149 PPC PPC

• Place of Incident, distance Land of Muhammad Yaqoob Bangulani,

and directions from P.S
• Police action.
• Date and time of departure
from P.S
Distance about 10/12 KMs from PS towards
eastern side in deh Bambal
At the arrival of complainant. Immediate
PS No. 121 dated 21-02-2024

Sd/- Muhammad Khan Mahar, I/C ASI PS Mubarakpur

On 21.02.2024, complainant Gul Hassan Bangulani, Lodged present FIR, which is

reproducing as under:-

“Respectable Sir, complaint is that I used to reside at captioned address, Jahnageer

Bangulani party are our relatives. In the year 2016, Majid S/O Jehangeer Bangulani was
Murdered in Kandhkot town, such case wase initially registered against unknown accused
subsequently introduced the names of my father Tagial, brother Sajjad Ali, Abdul Waheed
Bangulani, Abdul Bari Bangulani and Asadullah Dayo, later on a faisla before Sardar was held
in between real culprits everyone Abdul Waheed, Abdul Bari and Asadullah Dayo and
Jehangeer Bangulani regarding murder of Majid and received compensation from them, and
offered such clearance but they refused and my father Tagial and brother Sajjad Ali were
arrested at their instance and were remanded to jail, who were released on bail after some time.
That Jehangeer party used to send messages that they will cause harm to us. Today at evening
time, I alongwith my brother Sajjad Ali aged about 22 years, brother Javed Ali and Irshad Ali
were standing and chitchatting with each other at the land of Muhammad Yaqoob Banglanui
outside the village, when at about 04.30 p.m, accused everyone Munir Ahmed s/o Amanullah,
2. Muhammad Sharif s/o Attur Khan, 3. Aijaz Ahmed s/o Muhammad Shraif, 4.Aftab Ahmed
s/o Jehangir, all by caste Bangulani, resident Of village Din Muhammad Bangulani, Taluka
Tangwnai, 5. Fakhardin s/o Dur Muhammad Bangulani, resident of village Dur Muhammad
Bangulani, Taluka Thul arrived on two motorcycles. All the accused Persons be-boarded from
motorcycles, took out TT pistols from their folds aimed the same upon us. Accused Muneer
Ahmed challenged us that as his nephew was murdered by Sajjad Ali, therefore, he would not
be spared by saying so accused Muneer Ahmed made straight fire of Pistol at Sajjad Ali with
intention to commit his murder, which hit him at left side of ribs, Sajjad raised cry then fell
down, accused Muhammad Sharif made straight fire of TT pistol at brother Sajjad with
intention to commit his murder which hit him at back, accused Aftab Ahmed made straight fire
of TT Pistol at Sajjad Ali with intention to commit his murder which hit him at his elbow joint
of left arm, we raised cries on which accused persons aimed their pistols upon us and directed
us not to complaint else would be murdered. Then all the accused persons boarded on
motorcycles fled away towards southern side alongwith Pistols. We saw that Sajjad has
received a fire arm injury at left side of ribs, below left nipple, through and through, a fire at
back below neck, above chest through and through, a through and through fire at elbow joint of
left arm, blood was oozing from the injuries, in our sight he expired after writhing. Then I
communicated such information to Mubarakpur Police, police arrived, shifted the dead body of
Sajjad Ali to Taluka Hospital Thul, after post mortem, dead body was handed over to us For
funeral purpose we buried the same. Now I have appeared, complaint that above mentioned
accused persons in furtherance of their common object, duly armed with weapons, accused
Munir Ahmed Bangulani, Aftab Ahmed Bangulai, Muhammad Sharif Bangulani committed
murder of Sajjad Ali by making fires of TT pistols at the instigation of accused Jehangeer s/o
Amanullah Din Muhammad Bangulani, Taluka Bangulani, R/o village Tangwani. All the
accused persons issued threats of murder. I am Complainant; action be taken.”

Sd/- Complainant, SD
NIC: 43105-2478660-9 I/C ASI PS MUBARAKPUR
Cell Phone: 0323-8073830

CERTIFICATE.

This is to certify that I have checked above English true translation of

FIR and found it accordance with its original version and if it is found incorrect I will be
responsible for its consequences.

LARKANA (SAEED AHMED BIJARANI)

Dated: 08.07.2024 Advocate for applicants