REHMATULLAH alias REHMAT ALI vs THE STATE
This bail application arises from a murder case where the deceased was allegedly killed by her husband and his brothers, including the applicant, following a land dispute. The prosecution alleged that the accused dragged the deceased to a road, killed her, and disposed of the body. Despite two separate police investigations, the dead body was never recovered, and no crime weapon was recovered from the applicant. Furthermore, the second investigation report declared the applicant innocent. The Court observed that while eyewitnesses implicated the applicant, the lack of recovery of the corpus delicti and the exoneration in the second investigation report established a case for bail. The Court granted bail, emphasizing the police's failure to recover the body and their overall non-serious, irresponsible attitude toward heinous crimes. The Court expressed deep concern regarding the deteriorating standard of police investigations and directed the Inspector-General of Sindh Police to ensure accountability and improve investigative processes to prevent systemic collapse.
- Does the failure of the police to recover the dead body in a murder case constitute a ground for granting bail?
- Can an accused be granted bail when a subsequent police investigation report declares them innocent?
- What is the scope of judicial intervention regarding the quality of police investigations in criminal cases?
- Section 173, Code of Criminal Procedure 1898
ORDER
1. ' MUHAMMAD SADIQ LEGHARI, J.--- Prosecution case is that deceased Tasneem Khatoon, the sister of complainant Muhammad Mithal Bajkani was married with Guhram Bajkani. Due to dispute over land between Muhammad Mithal and Guhram, the latter was not permitting his wife to visit her parents. He, on the contrary, used to threaten them of killing Tasneem if they did not surrender the land in his favor. It is further alleged that on 28-5-2004 in the early morning at 5-00 a.m., when Muhammad Mithal, his brother Saeed Khan and father Subuhuddin were available at their fields, Guhram and his other brothers, namely, Rahmatullah, Chakar Ali and Abdul Latif were found dragging the lady to Ghouspur-Tangwani Link Road. As the lady was shouting, her father and brothers rushed towards her, but were kept away by the accused at gunpoint. Within their sight, Guhram fired the lady and she fell down. She died at the spot. Ramatullah is said to have fired from kalashnikov in the air just to keep the witnesses away. All the accused are said to have put the dead body in one Datsun and taken it away to unknown destination. The complainant and P.Ws.
2. Then went to inform their Nekmard Buland Khan Bajkani but could not meet him as he was not available. At 12-00 noon Muhammad Mithal reported the matter to police.
3. ' After investigation all the four accused were challaned as absconders. The case was re- investigated under the orders of higher police authorities and the second report was submitted under section 173, Cr.P.C. Declaring Guhram as the culprit and the remaining three as innocent.
4. ' Rahmatullah was arrested in another case and then his formal arrest in this case was also shown in the record. His bail plea was declined by the learned trial Court vide order, dated 6-4-2005.
5. ' Arguments have been heard. Although, the persons claiming themselves to be the eye-witnesses do implicate the applicant but neither the dead body was recovered by the police during the entire exercise of investigation nor any crime weapon is alleged to have been recovered from him.
6. Additionally, the second investigation also proved him to be innocent. In these circumstances, this applicant has a case for bail. . He shall be released on furnishing surety in the sum of Rs,1,00,000 with P.R. Bond in the like amount to the satisfaction of the learned trial Court.
7. ' It is matter of deep concern that a helpless lady was killed and her body disposed of but the police failed to recover her dead body throughout during the entire exercise of the so-called two investigations.
8. ' It reflects non-serious attitude adopted by the police towards serious crimes like murder. I do not find any reaction from the higher police authorities also. This state of things is really alarming for the entire society. Failing on the part of the Investigating Officers deserved serious notice by the higher police authorities but for their own considerations, they did not move. This is not the case where such a poor standard of investigation has been exhibited but in a series of criminal cases for heinous offences the police are displaying non-serious and irresponsible attitude. Obviously, the things have touched that stage for infiltrations and malpractices in the Organization at lower level and complete absence of a real accountability.
9. ' Let the copy of this order be sent to the Inspector-General of Sindh Police Mr. Asad Jehangir, for sitting with his senior colleagues and subordinates and ensuring proper and responsible investigation. If he fails and the process of deterioration continues, the things are bound to touch a complete collapse point, which shall be very unfortunate for the nation at large.
10. ' With this order the bail application is disposed of.