HASNAIN AHMAD vs STATE and another
This is a criminal petition seeking post-arrest bail in a case registered under Section 302/34 of the Pakistan Penal Code 1860 at Police Station Shah Kot, District Sahiwal. The core legal question concerns whether the petitioner is entitled to post-arrest bail given the existence of a cross-version and injuries sustained by the petitioner during the same incident. The Lahore High Court held that the case requires further probe and inquiry under sub-section (2) of Section 497 of the Code of Criminal Procedure 1898, noting that the petitioner sustained firearm injuries, filed a counter private complaint, and has no previous criminal record. The court laid down the principle that in matters involving a cross-version where it is yet to be determined which party was the aggressor, and where the accused has sustained injuries during the occurrence, the case falls within the scope of further inquiry warranting the grant of post-arrest bail.
- Whether post-arrest bail can be granted when a cross-version of the incident exists and it is yet to be determined which party was the aggressor?
- Does sustaining injuries by the accused during the same occurrence bring the case within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' The petitioner namely Hasnain Ahmad seeks post arrest bail in case FIR No. 161 dated 06.05.2013, registered under Section 302/34, PPC, at Police Station Shah Kot, District Sahiwal.
2. The precise allegations, against the petitioner, as per FIR, are that he alongwith his co-accused attacked at the complainant party, during which he with a Pump Action fired and caused injury on the left side of chest of Ameer Hamza, deceased.
3. Arguments heard. Record perused.
4. During the occurrence the petitioner also sustained fire shot injuries. Due to his serious condition he was referred to Mayo Hospital Lahore, where a lot of pallets were found in his body. Besides the petitioner his father Allah Ditta was also injured. When the police did not hear version of the petitioner, he preferred a private complaint under Sections 302/324/337-A.I)/337-F(i)/148/149, PPC, against the present complainant party and the accused of the private complaint, have been summoned to face the trial. In this way the matter has become of cross-version. It would be determined during the trial that which of the party was aggressor and which was aggressor upon.
The case of the petitioner requires further probe and inquiry, within the meaning of sub-section (2) of Section 497, Cr.P.C. He is behind the bars and as such no more required for any further investigation, in this case. As per record maintained by the police, he does not have any previous criminal antecedent.
5. Resultantly, the petition in hand is allowed and the petitioner is admitted to post arrest bail, subject to furnishing bail bonds in the sum of Rs. 1,00,000/-(Rupees one lac only) with one surety in the like amount to the satisfaction of the learned trial Court.