ABDUR RAZZAQ and 4 others vs STATE
The petitioners sought post-arrest bail in connection with FIR No. 249/2007, involving charges under Sections 302, 34, 148, and 149 of the Pakistan Penal Code 1860, related to a double murder case. The petitioners argued that they were not named in the initial FIR, which was lodged by a complainant who later filed a separate complaint case, and that their implication occurred only after a significant delay of four and a half months. The prosecution opposed bail, highlighting that investigation by senior police officers revealed the initial FIR was manipulated to implicate rival groups, and that the petitioners were responsible for the occurrence, which involved the use of various firearms. The court noted that while complaint cases are generally tried first, the gravity of the offence and the evidence connecting the petitioners to the incident necessitated a denial of relief. The court held that the outrageous nature of the attack and the sufficient grounds connecting the petitioners to the crime outweighed the procedural arguments regarding the delay in naming them, leading to the dismissal of the bail application.
- Does the delay in naming an accused in an FIR automatically entitle them to post-arrest bail?
- Can bail be denied in a murder case where the investigation connects the accused to the crime despite initial procedural irregularities?
- Does the pendency of a complaint case mandate the automatic grant of bail to accused persons in a related police case?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 155(C), Police Order 2002
ORDER
The petitioners seek post-arrest bail in case FIR No,249, registered at Police Station Saddar, Faisalabad on 24.02.2007 for offences under Sections 302/34/148/149, PPC. The ground taken is that the FIR was lodged on the written application of Naeem Akhtar son of Muhammad Siddique Gujjar in which none of the petitioners was accused; that the complainant has already filed a complaint case which shall proceed in the first instance and the police version will be tried thereafter; that Muhammad Yousaf father of one of the deceased, namely, Muhammad Younas had got recorded his statement after the lapse of 4-1/2 months from the registration of the FIR in which the present petitioners were indicted for the first time and that at all events the case against the present petitioners require further inquiry.
2. The grant of bail was seriously opposed by the learned DPG assisted by learned counsel for Muhammad Yousaf.
3. In this occurrence, two persons, namely, Muhammad Younas and Imran Ali were killed with fire- arms. Muhammad Younas had received injuries on the forehead and on the chest whereas Imran Ali received injury on the right chest. Two persons namely Mst. Naziran and Ishtiaq were injured with fire-arms. In the course of investigation, it was found that the FIR was got recorded by Naeem Akhtar of Gujjar party cleverly twisting the facts and that in fact the present petitioners and others including the complainant Naeem Akhtar, were responsible for the occurrence, in order to invotve the rivals belonging to Rana Group. It was also established during investigation that the occurrence was the result of party faction during elections. The investigators who were, senior police officers, also came to the conclusion that the SI Muhammad Aslam and Ghazanfar Ali-SHO who had been initially dealing with this case, had connived with Naeem Akhtar complainant on whose application, the FIR in question was registered. A case under Section 155 (C) of the Police Order, 2002 was also registered against them. The investigation held by a panel of senior police officers cannot be ignored. Mst. Naziran one of the injured is mother of Shafiq-urRehman, Petitioner No, 5.
She stated that she had suffered injury at the hands of Gulzar accused of the FIR with 30-bore pistol. She tried to exclude the part of Razzak accused Petitioner No,
1. Since she is mother of Shafiq- ur-Rehman petitioner No,5 and belongs to Gujjar Baradari, I would leave the vires of her statement to be tested during the trial. For the present there are sufficient grounds to connect all the five petitioners with the alleged occurrence which claimed death of two persons, namely, Muhammad Younas and Imran Ali. Unabashed use of fire-arms was made. The accused persons were equipped with fire-arms like rifles, pistols, pump actions and all that. Two persons were killed like ducks. The manner in which the attack was unleashed indeed is outrageous to public conscience.
The occurrence created a terrifying situation. Although the complaint cases would be tried in the first instance on the authority of Noor Elahi v. The State (PLD 1966 SC 708), yet at this stage the petitioners are not entitled to the grant of bail. Granting them bail would amount to play-down the gravity of the offence. I, therefore, dismiss their bail application.