ABDUL SATTAR and anothers vs THE STATE
This matter concerns a bail application filed by the accused in a criminal case involving counter-versions of an incident. The core legal question was whether the accused were entitled to bail in a situation where both parties to a conflict had registered cases against each other arising from the same incident. The court examined the circumstances, noting that the incident occurred between neighbors and resulted in injuries to both sides, with the specific allegation against the applicants being the infliction of lathi injuries, of which only one was medically corroborated. Relying on the principle established by the Supreme Court of Pakistan in Shoaib Mehmood Butt v. Iftikhar-ul-Haq and others, the court held that in cases of counter-versions arising from the same incident, the determination of the aggressor is a matter requiring further inquiry. Consequently, the court granted bail to the applicants, affirming that the right of private defence and the determination of the aggressor constitute grounds for further inquiry under the relevant provisions of the Code of Criminal Procedure.
- Can bail be granted in a criminal case where there are counter-versions of the same incident?
- Is the determination of the aggressor in a counter-case a ground for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Does the existence of a counter-version allow for the grant of bail based on the right of private defence?
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' RAHMAT HUSSAIN JAFFERI, J.---1. Granted.
2. Dismissed as it has become infructuous.
3 and 4. Granted subject to all just exceptions.
5. There are counter-cases between the parties. The incident of both cases occurred on 22-11-2004 at 9-00 a.m. In front of the houses of complainant of each case as their houses are adjacent to each other. It is alleged that 5 persons have received injuries from the side of applicants whereas from the side of complainant 4 persons have received injuries. The allegation against the present applicants is of causing lathi injuries to Ali Gohar. According to medical report there is only one injury on the person of Ali Gohar. The grant of bail under such circumstances was examined by the Hon'ble Supreme Court of Pakistan in a case of Shoaib Mehmood Butt v. Iftikhar-ul-Haq and others (1996 SCM R 1845). The Hon'ble Supreme Court of Pakistan in the above referred authority been observed that in the case of two counter-version arising from the same incident, one given by complainant in F.I.R. And the other given by opposite-party the question as to who is aggressor is to be determined and any party may take the right of private defence therefore bail can be granted on the ground of further enquiry as contemplated under section 497(2), Cr.P.C. Following the rule of Hon'ble Supreme Court of Pakistan the applicants are admitted to bail in the sum of Rs.75,000 (Rupees seventy-five thousand) each on furnishing solvent surety and P.R. Bond in the like amount to the satisfaction of trial Court.
' The application is allowed.