IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

1^st Criminal Bail No.S-654 of 2024

Muhammad Yaseen alias Yaseen

V/S

The State

Applicant:                                          Muhammad Yaseen alias Yaseen

son of Muhammad Yqboob Jakhrani

Through Mr. Rafique Ahmed K. Abro,

Advocate.

State:                                                  Through Mr. Ali Anwar Kandhro, Additional

Prosecutor General, Sindh a/w Nasir Aftab, D.I.G.P. Larkana.

Date of Hearing:                               04.02.2025

Date of Decision:                             10.03.2025

O R D E R

Omar Sial, J.-   Muhammad Yaseen Jakhrani seeks pre-arrest bail in Crime No. 18 of 2024 registered under sections 302, 311 and 34 P.P.C. at the Tajodero police station. The F.I.R. was registered on 29.06.2024 by A.S.I. Ghulam Sarwar Pathan on behalf of the State. He recorded that on 29.06.2024 he received spy information that Salah and Yaseen Jakhrani were preparing to murder Meerzada Meer Ali and Subhana Jakhrani by declaring them as Karo Kari. The police party reached the identified locality where they heard a gunshot coming from inside the house of Salah Jakhrani. They witnessed Salah and Yaseen leaving the house with pistols in their hands, who managed to escape. The police party then went inside the house and found both Meerzada and Subhana dead. Both had been shot.

2.         I have heard the learned counsel for the applicant and the learned Additional Prosecutor General. None appeared on behalf of the legal heirs of both deceased. My observations are as follows.

3.         Being appalled at the investigation, D.I.G. Larkana was requested vide Order dated 22.01.2025 to inquire into the performance of the investigating officer in this case. Superintendent of Police (Investigation) Larkana was appointed as the Inquiry Officer by the D.I.G., who conducted an inquiry and came to the conclusion that the police officers involved, in particular, the I.O. had committed multiple lapses throughout the investigation of the case and that the complainant had demonstrated incompetence which led to an erratic and flawed investigation. The investigating officer was suspended on 30.01.2025 by the police authorities. The complainant was suspended on 03.02.2025 and disciplinary proceedings have been initiated against him. The prompt action of D.I.G. Larkana and the S.P. Investigation is appreciated, as similar cases have fallen victim to extremely weak investigations and prosecution(s). Resultantly, accused(s) who may be guilty go scot-free.

4.         Apart from the above-mentioned aspect of the case, the learned counsel for the applicant has been unable to demonstrate any malafide on the part of the State in registering the case. If at all, the police performance has worked against the State’s case. I also find it unusual and unnatural that the applicant who ostensibly lives in the same household as Salah Jakhrani, and where the dead body was found, has absolutely no reason to give as to why nobody from the family went to the police to register the double murder. Nor is he able to provide any answer as to how the two were murdered inside their house, and not a soul can tell what transpired. To do justice at this stage, it would be appropriate that S.S.P. Jacobabad appoint a senior and seasoned investigator to conduct further investigation. S.S.P. Jacobabad shall have such an exercise be completed within 30 days and the investigation findings put before the learned trial court.

5.         Given the above and as presence of malafide is an essential requirement for the grant of pre-arrest bail, which learned counsel has been unable to demonstrate, the bail application is dismissed.

JUDGE

Manzoor