MUHAMMAD SHAHZAD alias BABU vs THE STATE and another
This is a criminal petition filed by Muhammad Shahzad alias Babu seeking post-arrest bail in a case registered under sections 324, 34, 337-A(i), 337-F(v), 337-F(vi), and 337-L(ii) of the Pakistan Penal Code 1860. The core legal question revolved around whether the existence of a cross-version and unexplained injuries on the accused side made the case one of further inquiry under section 497(2) of the Code of Criminal Procedure 1898. The Lahore High Court accepted the petition and held that where there are rival versions of the incident and injuries sustained by the accused party are suppressed in the first information report, the determination of the initial aggressor requires further inquiry at trial. The key principle laid down is that the existence of an unexplained cross-version and counter-complaint bringing rival allegations of aggression renders a criminal case one of further inquiry into the guilt of the accused, entitling them to post-arrest bail.
- Does the presence of a cross-version and unexplained injuries on the accused party make a case one of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Is an accused entitled to post-arrest bail when the question of who initiated the aggression remains to be determined at trial?
- What is the effect of the suppression of injuries of the accused party in the first information report on a bail petition?
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-F(vi), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' CH. IFTIKHAR HUSSAIN, J.---Petitioner Muhammad Shahzad alias Babu by way of the instant petition has prayed for post arrest bail in case F.I.R. No,288 originally registered under section 324 read with section 34, P.P.C. With Police Station. Saddar Kamalia, District Toba Tek Singh on 30-7- 2010. Later on, the police is stated to have added the offence under sections 337-A(i)/337- F(v)/337-F(vi)/337-L(ii) P.P.C. In the same.
2. Briefly the prosecution case as per the F.I.R. Is that on 30-7-2010 at about 5-30 p.m. Shahzad alias Babu (petitioner) armed with .12-bore gun, Sheraz with Sota, Ghulam Ahmed with .12-bore gun and Nasrullah with Sota, in furtherance of their common intention, have attempted the qatl-e-amd of Muhammad Umer, the son of the complainant and others namely Nadeem, Muhammad Mushtaq and Muhammad Munir.
3. The learned counsel for the petitioner has contended that the petitioner has falsely been roped in; that there is cross - version of the alleged incident and from his side two persons namely Ghulam Ahmad and Nasarullah have sustained injuries during the same and their injuries but have been suppressed by the complainant in the F.I.R. With dishonest intention; that in such circumstances, it is yet to be seen that which of the parties has initiated the aggression and who was aggressed upon and such question alone renders the case against him as one of further inquiry into his guilt; that his side has brought private complaint regarding the alleged incident in which the accused, who are the men of the complainant party have been summoned and the complainant's side has also brought the private complaint regarding the alleged incident and this will also be determined at some subsequent stage that which of these two complainants is to be tried first and which later on; and that he is behind the bars since 24-11-2010 and a previous non- convict and so, he is entitled to the relief prayed for.
4. As against the same, the learned Deputy Prosecutor-General assisted by the learned counsel for the complainant has opposed the petition on the ground that he (petitioner) is named in the P.
That he has been assigned specific role of firing at Muhammad Umer, the son of the complainant, hitting on his left shoulder, arm and flank and the complainant's side has also brought a- private complaint in respect of that occurrence. The learned counsel for the complainant has admitted that the petitioner's side has brought cross version before the police as well as by way of complaint before the court concerned and in which the accused, who belong to the complainant's side have been summoned including the complainant himself. He, however, has placed reliance upon the case of "Muahmmad Rafique v. The State (2008 SCM R 678) and "Muhammad Ali v. The State" (2003 SCM R 1697).
5. I have carefully considered the submissions made from both the sides and the record perused.
6. There is no denying the fact that it is a case of two versions. One version from the complainant of the case in the form of the narration in the F.I.R. And the other from the petitioner's side before the police as well as by way of the private complaint from Nisar Shah of his side against Naseer and others including the complainant and the injured persons. It is everybody's case before me that that the accused in such complaint have been summoned by the court concerned. According to the learned counsel for the petitioner, two men from the petitioner's side namely Nasarullah and Ghulam Mustafa have sustained injuries during the alleged incident and their injuries but have not been explained in the F.I.R. This so, is evident from the bare reading of the F.I..R., as there is no mention of the injuries of these persons from the side of the petitioner.
7. Anyway, the fact remains that there is a cross version from the side of the petitioner. Hence, the question that which of the parties has initiated aggression and who was aggressed upon is of utmost importance. This definitely is to be determined at trial after recording of the evidence.
Hence, the case of the petitioner is amply covered by subsection (2) of section 497, Cr.P.C. Calling for further inquiry into his guilt.
8. He is stated to be behind the bars since 24-11-2010. He is also stated to be a previous non- convict, which has not been controverted by the other side.
9. As regards, the case-law cited by the side of the complainant, with all respect to the same, I am of the considered view that it is not at all aptly applicable to the facts of the case of the petitioner as those have proceeded entirely on different facts and circumstances.
10. In these circumstances of the case, I find that the case for his enlargement on bail has been made out.
11. I, therefore, accept this petition and admit him to bail subject to his furnishing bail bonds in the sum of Rs,2,00,000 (Rupees two lac only) with two sureties each in the like amount to the satisfaction of the learned trial court..