MANZOOR HUSSAIN vs THE STATE
This matter arises from a bail petition filed in connection with F.I.R. No. 319 of 1999 registered under Section 302/34 of the Pakistan Penal Code 1860 at Police Station Kehror, District Layyah, concerning the murder of Abdul Majid. The core legal question involves the determination of whether the petitioner is entitled to post-arrest bail given the circumstances of the case and the named accusation. The Lahore High Court held that the petitioner is not entitled to bail, noting that the petitioner is directly named in the FIR with a specific motive, and rejected the favorable opinion of the DSP as lacking scientific approach, logic, or rational basis. The court dismissed the bail application with the observation that the petitioner may apply afresh after further investigation by Range Crimes, and directed the D.I.-G. Police, Multan, to entrust the investigation to a skilled officer not below the rank of a Superintendent of Police.
- Whether the petitioner is entitled to post-arrest bail when named in the FIR for an offence under Section 302/34 of the Pakistan Penal Code 1860?
- Can a favorable opinion of a police officer regarding a blind murder override specific nomination and motive in the FIR at the bail stage?
- What directions can the High Court issue regarding the transfer of investigation to a senior police officer when initial investigation is found unsatisfactory?
- Section 302/34, Pakistan Penal Code 1860
ORDER
' The matter related to F.I.R. No, 319 of 1999, under section 302/34, P.P.C. Lodged at Police Station, Kehror, District Layyah.
2. The informant in this case is Mst. Kaniz Bibi. She is married to Abdul Majid and has two sons and two daughters out of this wedlock. Her husband lived with his father Hussain Bakhsh and sister Shamim Bibi in the same haveli. The occurrence pertains to the night of 13/14-9-1999 when the inmates of the house after having meals were sleeping in the courtyard of the haveli. At about Azaanwela four persons entered the haveli. Two of them held Abdul Majid from the arms while one of them fired at him in the stomach. The fourth amongst them stood there while armed with a gun.
The report of the fire attracted Shamim Bibi and her father-in-law Hussain Bakhsh and the accused/assailants made good their escape. Abdul Majid died in the meanwhile.
3. According to her, amongst the assailants she could identify Manzoor Hussain son of Muhamamd Nawaz. According to the motive story advanced by her, her father-in-law Hussain Bakhsh, who was about 80 years of age had contracted a third wife who was a sister of Manzoor Hussain and was named Bashiran. In lieu of his marriage he had alienated 1-1/2 acres of land in her name but the same was again alienated in the name of the deceased Abdul Majid and his brother Manzoor Hussain son of Maqbool. It is said that Manzoor Hussain and the petitioner and Mst. Bashiran were aggrieved by this. That Manzoor Hussain, therefore, arranged to kill the deceased with the help of three others.
4. One of the grounds taken by the petitioner in this case was that the D.S.P. In this case had opined favourably for Manzoor Hussain while calling this a blind murder. The D.S.P. Mr. Amir Taimoor, Kehror, District Layyah appeared in the Court. He was not able to justify the grounds on which he formed such an opinion nor did he adopt any scientific approach while arriving at his conclusions. It further appears that his investigation was not up to the mark. His conclusions were not logical or rational.
5. It has further transpired that so far the challan in this case has not been submitted although the F.I.R. Was lodged on 14-9-1999. The police has not been able to apprehend the other accused in this case or the persons who were assailants which is unfortunate and reflects how such like cases were being handled by unskilled officials.
6. A copy of the order, therefore, should be sent to the D.I.-G. Police, Multan, with direction that he may consider referring the case to the Range Crimes which functions under his jurisdiction. He should further consider entrusting it to a person possessing the skills of investigation and should not be less than the rank of a S.P.
7. Coming to the bail petition this Court is not inclined to grant bail to the petitioner on account of the opinion expressed by the D.S.P. He is named in the mala fides in the matter of his arrest. Any how he may apply afresh for bail after the investigation by the Range Crimes. The bail application is rejected.
8. Copy of the order be immediately despatched by the office to the D.I.-G. Multan for compliance.