GUL DIN vs THE STATE and another
The petitioner Gul Din sought post-arrest bail in respect of a case arising from F.I.R. No. 231 of 2010 registered under sections 302, 148, and 149 of the Pakistan Penal Code 1860 at Police Station Yazman, District Bahawalpur. The core legal question was whether the petitioner was entitled to post-arrest bail given the circumstances of the occurrence, which involved a sudden fight, mutual injuries, and a counter-version. The Supreme Court of Pakistan held that the incident was a sudden and free fight wherein participants from both groups sustained injuries, no specific role was attributed to the petitioner in the initial F.I.R., and a co-accused in the counter version had already been granted bail. Converting the petition into an appeal, the Court allowed the same and directed the release of the appellant on post-arrest bail. The key principle laid down is that where an occurrence is unpremeditated, constitutes a sudden and free fight with injuries on both sides, and involves a counter-version requiring further inquiry, the case falls within the scope of further probe under section 497(2) of the Code of Criminal Procedure 1898, warranting the grant of bail.
- Is an accused entitled to post-arrest bail in a case involving a sudden and free fight where both groups sustained injuries?
- Does the existence of a counter-version and a case of further probe justify the grant of bail under criminal law?
- Whether the lack of specific initial attribution in the F.I.R. coupled with subsequent supplementary allegations warrants further inquiry into the guilt of the accused?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' MAHMOOD AKHTAR SHAHID SIDDIQUI, J.---The petitioner Gul Din seeks post-arrest bail in case F.I.R.
No, 231 of 2010 dated 29-5-2010 under sections 302/148/149, P.P.C. At Police Station Yazman, District Bahawalpur.
2. The prosecution case in brief is that on 29-5-2010 at about 4-30 p.m. Complainant's brother Muhammad Aslam aged about 12/13 years picked up a quarrel with petitioner's son Abdul Malik.
There was an exchanged of abuses, however, the matter was patched up with the intervention of the P.Ws. Present there, Shortly thereafter, the petitioner and 15 others armed with sotas made a murderous assault on the complainant. In the meantime, Adam Khan deceased, Shabrat Khan, Gulab Khan and Shabbo Khan came to rescue the complainant. Allegedly, Aslam Khan, Abdur Rehman Khan, Abdullah Khan, Irshad Khan and the present petitioner assaulted Adam Khan deceased with sotas. They also caused injuries to Shabrat Khan, Gulab Khan and Shabbo Khan with sotas and hurled brick bats. All the injured persons including the petitioner were removed to the B.V. Hospital, Bahawalpur where Adam Khan succumbed to the injuries. The matter was reported to Fayyaz Hussain, S.-I. At Police Station Yazman. It was also mentioned in the F.I.R. That the accused has also sustained injuries in the occurrence.
3. The motive for the offence is that two days prior to the occurrence, the children of both the parties while playing cricket had fought with each other.
4. After having heard the learned counsel for the parties and going through the record. We have found that it was a sudden and free fight in which participants of both the groups sustained injuries.o According to the F.I.R. The petitioner has not attributed any specific role. The complainant through a supplementary statement alleged that the fatal injury was caused by the petitioner.
There is a counter version of the occurrence as well which has been put forward by the petitioner.
Anwar Khan accused in counter version has been allowed bail by this Court in the case Criminal Petition No,322-L of 2011 vide order dated 27-5-2011. The occurrence is certainly not premeditated.
We are of the considered view that it is a case of further probe and inquiry, therefore, this petition is converted into an appeal and the same is hereby allowed.
5. The appellant is ordered to be released on bail subject to furnishing bail bond in the sum of Rs,100,000 with two sureties each in the like amount to the satisfaction of the trial Court.
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