GHULAM ABBAS vs The STATE and others
The petitioner sought pre-arrest bail in a cross-version case arising from FIR No. 382 of 2015 registered at Police Station Saddar Jhang, involving offences under sections 337-A(ii), 337-F(i), 337-H(ii), 337-L(ii), 148, and 149 of the Pakistan Penal Code 1860. The core legal question concerned whether the petitioner was entitled to pre-arrest bail given the conflicting versions of the incident and police findings during the investigation. The Supreme Court observed that during the investigation, the police found that the petitioner did not cause the specific injuries alleged in the cross-version, but rather had a scuffle involving simple injuries, making it a case of two opposing versions where the possibility of false implication could not be excluded. Holding that the determination of the aggressor must be left to the trial court after elaborate evidence evaluation, the court allowed the appeal and granted pre-arrest bail to the petitioner subject to furnishing requisite surety bonds. The key principle laid down is that in cases of counter-versions where police investigation casts doubt on specific allegations and false implication cannot be ruled out, pre-arrest bail may be granted.
- Whether pre-arrest bail can be granted in a cross-version case where the police investigation disputes the specific role attributed to the accused?
- Is the possibility of false implication in a case of two competing versions a ground for granting pre-arrest bail?
- Does the determination of the aggressor party in a cross-version incident lie with the trial court after recording evidence?
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-H(ii), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' MANZOOR AHMAD MALIK, J.---The petitioner seeks pre-arrest bail in cross-version recorded in case FIR No, 382 of 2015 dated 20.10.2015, offences under sections 337-A(ii), 337-F(i), 337-H(ii), 337-L(ii), 148, 149, P.P.C., registered at P.S. Saddar Jhang.
2. After hearing the learned counsel for the petitioner, learned counsel for respondent No,2, learned Law Officer and after perusing the record with their assistance, it has been observed that the incident was first reported to the police by Umar Hayat and FIR No, 382/15 was registered.
Thereafter, cross-version in the said FIR was got registered on the statement of Asghar Ali on 26.10.2015 against the petitioner and several others. As per the cross-version, the allegation against the present petitioner is that he gave two Sota blows on the head. And the back side of shoulder of Ghazanfar, brother of complainant of the cross-version. However, during the course of investigation, as confirmed by the learned Additional Prosecutor General, Punjab, the police found that petitioner did not cause any injury to Ghazanfar, as alleged in the cross-version, rather he had a scuffle with Muzaffar Hayat and the injuries allegedly sustained by said Muzaffar Hayat are simple in nature. Admittedly, it is a case of two versions and possibility of false implication of the petitioner cannot be ruled out. It is to be determined by the learned trial Court after elaborate evaluation of the evidence to be recorded by it as to which party was the aggressor and which party was aggressed upon.
3. For the foregoing reasons, this petition is converted into appeal and the same is allowed.
Consequently, Ghulam Abbas petitioner is allowed bail before arrest in the cross-version of FIR No 382 of 2015, subject to his furnishing bail bond in the sum of Rs,100,000/- (Rupees one hundred thousands only), with one surety in the like amount, to the satisfaction of the learned trial Court.
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