MUHAMMAD HUSSAIN vs STATE and another
This petition was filed by the petitioner seeking post-arrest bail in a case registered under Sections 302, 337F(v), 337L(ii), 337A(i), 337F(i), 147, and 149 of the Pakistan Penal Code 1860. The prosecution alleged that the petitioner, armed with a 'sota', participated in a murderous assault and caused injuries to an injured prosecution witness, during which one individual lost his life. The petitioner contended that a cross-version of the incident had been registered against the complainant party, wherein the petitioner and his wife also sustained injuries that were suppressed in the First Information Report. The Lahore High Court observed that the existence of a cross-version and the challaning of the assailants therein prima facie established a case of two versions. Furthermore, the injuries attributed to the petitioner were on non-vital parts of the witness's body, and the question of whether the petitioner shared a common intention with the co-accused remained to be determined at trial. Consequently, the Court held that the case fell within the ambit of further inquiry, allowed the petition, and admitted the petitioner to bail.
- Whether the existence of a cross-version and the suppression of injuries sustained by the accused party makes a case one of further inquiry for the purpose of granting bail?
- Does the infliction of injuries on non-vital parts of a witness's body by an accused negate the prima facie intention to cause death, thereby supporting a plea for bail?
- Whether the determination of shared common intention under Section 149 of the Pakistan Penal Code 1860 during a clash is a matter for trial, justifying the grant of bail in the interim?
- 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
Muhammad Hussain, petitioner seeks his release on bail in case FIR No, 341 dated 28.06.2012 registered under Sections 302, 337F(v), 337L(ii), 337A(i), 337F(i), 147, 149, PPC with Police Station Saddar Jaranwala District Faisalabad.
2. As per allegation contained in the FIR, the petitioner in the company of five other co-accused while armed with 'sotas' launched a murderous assault upon Manzoor Ahmad. The petitioner Muhammad Hussain, inflicted injuries with his `sots' at the person of Muhammad Yasin, the injured PW/which, hit on his hand on different parts of his legs. In this fight one Salah-ud-Din lost his life.
3. Parties heard. Record perused.
4. As per record the petitioner party had also lodged cross version against the complainant party in which the assailants have been challaned. The cross-version depicts that the petitioner and his wife also received injuries at the hands of the complainant party which injury has been suppressed in the FIR by complainant. The registration of cross-version and challaning of the assailants, prima facie makes the present case as of two versions. The question may be adjudicated upon by the learned trial Court. As per allegations in the FIR, the petitioner has caused injuries to one Muhammad Yasin who is an injured PW of the case and is supporting prosecution version but the injuries received by him are not on the vital part which clearly manifest the intention of the petitioner for not causing his death. The contention of learned counsel for the complainant that the cross version is planted one as the injured of that version had received simple injuries, if admitted as correct, even then the fact remains that the question of sharing the common intention by the petitioner with his co-accused is to be determined- during trial by the Court. In this view of the matter, it is a clear case of further inquiry entitling the petitioner for grant of bail.
5. In view of the above, the petition is allowed and Muhammad Hussain, 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 the learned Trial Court.