ABDUL HAMEED vs ZAHID HUSSAIN alias PAPU CHAMAN PATIWALA and others

ORDER

1. On 24-2-2010 under the impugned order the High Court has granted bail to the private respondents on the ground that there were counter-cases between the parties and it is yet to be determined as to who was the aggressor therefore their case falls within the ambit of section 497(2), Cr.P.C. The learned Advocate for petitioner has stated that the incident of the present case was reported to the police and registered as Crime No, 238 of 2009 at Police Station Kalri whereas the F.I.R. Lodged by the petitioner's side was registered as Crime No, 239 of 2009 at the said Police Station; that the incident of second F.I.R. Was committed at different place therefore it cannot be termed that both the incidents took place at one and same place therefore the order of the High Court is required to be set aside and bail granted to the private respondents may be cancelled.

2. We have gone through both the F.I.Rs, and find that incident of both the F.I.Rs, took place on 27-9- 2009 at 2 a.m. The place of incident of both the cases has also been shown on footpath, corner of Street No,6-B Suleman Azad Road, New Kalri, Karachi. From this position it is prima facie clear that the incidents of both the F.I.Rs, took place on the same date time and place. However this point can be properly thrashed out at the time of trial but presently no exception can be taken with regard to the said position. We have also examined both the F.I.Rs, and find that no tentative findings could be given as to which party is aggressor therefore in the circumstances the High Court was justified in granting the bail to the respondents. The impugned order does not suffer from any illegality or irregularity as such it does not require any interference. The petition is dismissed. .