REHMATULLAH alias REHMAT ALI Versus State
This is a criminal bail application before the Sindh High Court filed by the applicant Rahmatullah alias Rehmat Ali, seeking post-arrest bail in a case involving murder and disposal of the dead body of Tasneem Khatoon. The core legal question was whether the applicant was entitled to bail where eyewitnesses implicated him, but no dead body or crime weapon was recovered, and a re-investigation declared him innocent. The court held that under these circumstances, the applicant had made out a case for further inquiry and granted him post-arrest bail. The key principle laid down is that where the police investigation yields conflicting reports, notably declaring an accused innocent upon re-investigation, and lacks recovery of the corpus delicti or crime weapon from the accused, the case calls for further inquiry under Section 497(2), Code of Criminal Procedure 1898, justifying the grant of bail.
- Whether bail should be granted when a re-investigation declares the accused innocent and no incriminating recoveries are made from him?
- Does the absence of the recovery of a dead body and crime weapon strengthen a case for further inquiry regarding an accused's complicity?
- What is the effect of conflicting police investigation reports on a bail application?
- 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 favour. 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. 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.
2. 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.
3. 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.
4. 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. Additionally, the second investigation also proved him to be innocent. In these circumstances, this applicant has a case for bail. Bail granted. 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.
5. 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.
6. 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.
7. 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.
8. With this order the bail application is disposed of.
9. H.B.T./R-50/K Bail granted.