MUHAMMAD RAMZAN vs STATE and another
This matter concerns a petition for pre-arrest bail filed by the petitioner, Muhammad Ramzan, in connection with FIR No. 411 of 2014, registered at Police Station Talamba under Sections 337-F(v) and 34 of the Pakistan Penal Code 1860. The prosecution alleged that the petitioner, along with co-accused, assaulted the complainant party, with the specific allegation that the petitioner struck a prosecution witness, Muhammad Amir, on the nose with a stick, causing a fracture of the nasal bone. The core legal question before the Court was whether the petitioner was entitled to the concession of pre-arrest bail given the circumstances of the case. Upon reviewing the record, the Court observed that the incident involved two conflicting versions of events, with both sides sustaining injuries during the altercation. Crucially, the Court noted that the First Information Report failed to provide any explanation regarding the injuries sustained by the petitioner's side. Consequently, the Court confirmed the ad interim bail previously granted to the petitioner, holding that the suppression of the injuries sustained by the accused party warrants the grant of bail.
- Does the failure of the prosecution to explain injuries sustained by the accused in a cross-version case entitle the accused to pre-arrest bail?
- Is pre-arrest bail appropriate when both parties have sustained injuries in the same incident but the FIR is silent on the accused's injuries?
- Section 337-F(v), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' Petitioner seeks bail in anticipation to his arrest in case FIR No, 411 dated 11-10-2014 registered with Police Station Talamba under Sections 337 Fv, 34, PPC at the instance of Muhammad Niaz, PW alleged wherein is that he along with his co-accused assaulted the PWs; precised role assigned to the petitioner is that he dealt a stick blow to Muhammad Amir, PW hitting his nose_resulting into fracture of Nasal bone.
2. Heard. Record perused.
3. It is a case of two versions registered with the police; both sides sustained injuries. There is no explanation in to the First Information Report in respect of injuries sustained by the petitioner's side, in view whereof, present petition is allowed and ad interim bail already granted to the petitioner is to confirmed subject to his furnishing bond in the sum of Rs, 100,000/- with one surety in the like amount to the satisfaction of the learned trial Court.