MUHAMMAD QASIM vs THE STATE
This matter arises from a bail application filed by the applicant Muhammad Qasim, who is implicated in F.I.R. No. 2 of 2004 registered at Police Station K.T. Jatoi, District Dadu, for the murder of Ali Nawaz. The core legal question concerns the entitlement of the applicant to post-arrest bail where co-accused nominated in the F.I.R. were let off by the police and the investigation was allegedly conducted in a partial and perverse manner. The court held that despite the mishandling and perverse investigation by the police, the bail application of the applicant is to be rejected, while directing the trial court to summon the persons nominated in the F.I.R. who were let off by the police and proceed in accordance with the law. The key principle laid down is that a flawed or partial police investigation does not automatically enure to the benefit of every accused for the grant of bail, and the trial court possesses the authority to summon persons let off by the police during the proceedings.
- Does a defective or partial police investigation automatically entitle an accused to post-arrest bail?
- Can the trial court summon persons nominated in the FIR who were let off by the police during the investigation?
ORDER
1. ' MUHAMMAD MOOSA K. LEGHARI, J.--- The applicant is involved in F.I.R. No,2 of 2004, registered on the complaint of Jaro at Police Station K.T. Jatoi, District Dadu on the accusation of causing murder of Ali Nawaz.
2. ' It is contended that besides the present applicant co-accused Shoukat, Barkat and Roshan Ali were nominated in the F.I.R. But all the other three accused persons were let off by the police. The allegation of causing fatal fire-arm injury was attributed to Shoukat Ali.
3. ' Learned State Counsel has conceded that the case has been badly handled by the Investigating Officer and it seems that he has conducted the investigation in a partial manner.
4. ' The contentions raised have been considered and material placed on record has been perused.
5. ' Indeed there are sufficient circumstances to assume that the case was mishandled, and the investigation was conducted in a perverse and capricious manner.
6. ' I, therefore, agree with the view expressed by learned State Counsel. While rejecting the bail application of the present applicant I would direct the trial Court to summon the persons who had been nominated in the F.I.R. But were let off by the police, and proceed with the case in accordance with the law.
7. Bail application rejected. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.