LIAQAT ALI vs STATE and another
This criminal petition concerns an application for post-arrest bail filed by the petitioner, Liaqat Ali, who is charged under FIR No. 341/2012 for offences including murder and hurt. The core legal question was whether the petitioner was entitled to bail given the existence of a cross-version case and the nature of the specific injury attributed to him. The Court observed that a cross-version had been recorded at the instance of the petitioner's party, rendering the case one of two versions, the veracity of which must be determined by the trial court after evidence. Furthermore, the Court noted that the petitioner was not alleged to have caused the fatal injury to the deceased, and the injury attributed to him was classified as a simple injury under Section 337A(i), Pakistan Penal Code 1860. Consequently, the Court held that the petitioner's liability and the applicability of common intention required further inquiry. The petition was allowed, and the petitioner was admitted to bail, establishing that the existence of a cross-version case and the absence of a fatal injury attributed to the accused can constitute grounds for further inquiry under bail provisions.
- Does the existence of a cross-version case entitle an accused to the grant of bail?
- Is an accused entitled to bail when the specific injury attributed to them is classified as a simple injury and not the fatal injury?
- When does the question of common intention and unlawful assembly require further inquiry in bail proceedings?
- Section 302, Pakistan Penal Code 1860
- Section 337F(v), Pakistan Penal Code 1860
- Section 337L(ii), Pakistan Penal Code 1860
- Section 337A(i), Pakistan Penal Code 1860
- Section 337F(i), Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
Liaqat Ali, petitioner seeks his release on bail in case arising out of FIR No, 341 dated 28.06.2012 registered at Police Station Saddar Jaranwala District Faisalabad under Sections 302, 337F(v), 337L(ii), 337A(i), 337F(i), 147 and 149, PPC having an allegation that he while armed with sota had inflicted injuries at the hands and head of Naseerud-Din.
2. After having heard learned counsel for the parties and examining the record, it is noticed that at the instance of the petitioner party, a cross version was recorded against complainant of the FIR, thus in view of this fact the case in hand is of two versions and which version is correct one would be determined by the learned trial Court after recording evidence of the parties. Admittedly, the petitioner did not cause any injury with his sots to the deceased of the case and the injury attributed to him has been declared as Shajjah-i-khaflfah falling under Section 337A(i), PPC which is a simple injury. The submissions of learned counsel for the complainant that the petitioner alongwith his co-accused had formed unlawful assembly and launched attack with common intention, are the questions which are to be determined by the learned trial Court. The liability of the petitioner in the given circumstances of the case calls for further inquiry entitling the petitioner for grant of bail.
3. The petition is accordingly allowed and Liaqat Ali, petitioner is admitted to bail subject to his furnishing bail-bonds in the sum of Rs,100,000/- (Rupees One hundred thousand only) with one surety in the like amount to the satisfaction of learned trial Court.