Fida Hussain vs The State And Another
The petitioner sought pre-arrest bail in a criminal case registered under Section 324, 337-F(iii), 148, and 149 of the Pakistan Penal Code 1860, following the cancellation of his earlier bail by the Additional Sessions Judge. The petitioner argued that the case involved cross-versions of the incident, necessitating bail. The core legal question was whether the incidents constituted cross-versions of the same occurrence, thereby justifying the grant of bail. Upon reviewing the narratives in the two FIRs, the Court determined that the incidents occurred at different times and locations, involved different participants, and were distinct events, with the second incident appearing to be a retaliatory act. Consequently, the Court held that the plea of cross-versions was factually unfounded. The Court affirmed the Additional Sessions Judge's decision to cancel the bail, ruling that the Magistrate's initial order was perverse. The petition for pre-arrest bail was dismissed, establishing that bail cannot be granted on the premise of cross-versions when the evidence demonstrates distinct, unrelated criminal occurrences.
- Does the existence of two separate FIRs concerning different times and locations constitute a case of cross-versions?
- Can bail be granted on the grounds of cross-versions when the incidents are distinct and unrelated?
- Is an order of a Magistrate granting bail subject to cancellation by an Additional Sessions Judge under Section 497(5) of the Code of Criminal Procedure 1898 if the order is found to be perverse?
- Section 324, Pakistan Penal Code 1860
- Section 337-F(iii), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497(5), Code of Criminal Procedure 1898
ORDER
IFTIKHAR HUSSAIN CHAUDHARY, C.J.-Petitioner seeks pre-arrest in case FIR No. 1073, dated 2.10.2004 under Section 324/34, PPC registered at Police Station Khurrianwala, District Faisalabad.
2. Criminal case FIR No. 1073/2004 under Section 324. 337-F(iii), 148, 149, PPC was registered on the statement made by Allah Yar. According to the narrative contained in FIR, the occurrence had taken place at about 6/7 a.m on 1.10.2004. According to the complainant, he and "his son were proceeding to their cattle-shed, when they were attacked by Abid Ali and others. Th6 complainant and his son Amal went back to their house. The accused, including Fida Hussain, who was armed with a 12 bore shotgun, reached the house of the complainant and challenged him to come out of the house. Fida Hussain fired with 12 bore shotgun, which hit Mst. Gulzar Bibi. Mst. Gulzar Bibi was also carrying Dildar Hussain, aged % years, in her lap, who also injured. Adnan and Abid fired with 12 bore shotgun and shots were hit on the door and walls of the house.
2. Fida Hussain was allowed pre-arrest bail by a Magistrate, Jaranwala, on the ground that it was a case of cross-versions and it was yet to be seen, as to which of the parties was the aggressor.
3. Order dated 21-12-2004 passed by Magistrate, lst Class, -was assailed by moving an application under Section 497 (5) Cr.P.C., which was accepted by Addl. Sessions Judge, Jaranwala by order dated 20-5-2005 and bail allowed to Fida Hussain by Illaqa Magistrate Section 30, Jaranwala, was cancelled.
4. The petitioner, thereafter, submitted instant application and was allowed anticipatory bail, ad- interim, by order dated 23-5-2005.
5. Learned counsel for the petitioner submitted that the Magistrate had allowed bail to petitioner rightly, as it was a case of cross-versions and persons on both sides were injured and it was yet to be ascertained, as to who had committed the offence and Addl. Sessions Judge had unjustifiably interfered in the order passed by the Magistrate. It was submitted that a bail-granting order is usually not interfered with by higher forums and the Addl. Sessions Judge overlooked this position of the law, as well.
Learned counsel for the State, on the other hand, submitted that it was not a case of cross-version, at all. It was submitted that two different cases were registered and incidents had taken place at different places and at different times and participants were also different and order passed by the Magistrate Section 30 was perverse and Addl. Sessions Judge was left with no option but to have cancelled the bail unlawfully allowed to Fida Hussain.
6. Criminal case FIR No. 1072, dated 1.10.2004 was registered at about 5:45 PM with regard to an incident, which took place on 30.9.2004. The case was registered on the statement of Akbar Ali, which was in terms that on 30.9.2004, he, along with his son Fida Hussain, was passing through the Bazaar at the time of evening-prayers. When Fida Hussain reached near mosque, certain children were setting off fire-crackers. The Imam of the mosque called upon the children to desist from doing that. Fida Hussain, by name-calling the children, asked them to run away from that place, In the meanwhile, Allah Yar, Azmat, Mukhtar, Tikka, Bashir Ahmed, armed with clubs, came there and started beating Fida Hussain. Mst. Ghulam Fatima went forward to rescue Fida Hussain, when Allah Yar gave a blow with brick, which hit on right-hand of Mst. Ghulam Fatima. Fida Hossain fell down, where after the accused left the spot.
FIR No. 1073, dated 2.10.2004 was registered with regard to an incident, which took place at 6/7 a.m.
On 1.10.2004. In that case the accused, including Fida Hussain, had resorted to shooting at the house of the complainant. Fida Hussain had fired at Mst. Gulzar Bibi and also injured Dildar Hussain, aged % years. The narratives contained in both the FIRs showed that the incidents had taken place at different places. One incident had taken place in front of the mosque and in 'that incident only Fida Hussain was belabored with sticks/clubs. The second incident had taken place at the house of Allah Yar and accused had used firearms in that incident, It appears that second incident had taken place in order to avenge the beating given to Fida Hussain. Both the cases related to different incidents, It was not a case of cross-versions, at all. The Addl. Sessions Judge had rightly cancelled the bail allowed to Fida Hussain by Magistrate Section 30, Jaranwala.
7. The petitioner has no case for grant of bail. The application is dismissed.