BABAR vs The STATE and others
This petition for post-arrest bail arises from FIR No. 367/2014, involving charges under sections 337-A(iii), 337-A(i), 337-F(i), 148, and 149 of the Pakistan Penal Code 1860. The petitioner, accused of causing head injuries, sought bail after being incarcerated for over ten months. The core legal question was whether the petitioner was entitled to bail given the existence of a cross-version case and the delayed progress of the trial. The Court held that because a cross-version was recorded during the investigation, the determination of the initial aggressor remained a matter of further inquiry, bringing the case within the ambit of section 497(2) of the Code of Criminal Procedure 1898. Furthermore, the Court emphasized that an accused cannot be detained indefinitely without trial progress. Consequently, the Court granted post-arrest bail, establishing the principle that the existence of a cross-version in a criminal case renders the prosecution's case one of further inquiry, thereby entitling the accused to the concession of bail.
- Does the existence of a cross-version in a criminal case render the matter one of further inquiry for the purpose of bail?
- Can an accused be kept in jail for an indefinite period when the trial has not seen fruitful progress?
- Is the determination of the initial aggressor in a cross-version case a ground for granting bail?
- Section 497-A, Code of Criminal Procedure 1898
- Section 337-A(iii), 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(2), Code of Criminal Procedure 1898
ORDER
ABDUL SAMI KHAN, J.---Through this petition under section 497-A, Cr.P.C. the petitioner has sought bail after arrest in case FIR No,367/2014 dated 27.07.2014, Offence under sections 337-A(iii), 337-A(i), 337-F(i), 148, 149, P.P.C., registered at. Police Station Mamu Kanjan, Tehsil Tandlianwala, District Faisalabad.
2. The arguments advanced by the learned counsel for the parties have been heard and the record of this case has also been perused with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. According to the FIR, the allegation against the present petitioner is that he caused injury on the person of Sajid on the head, which was initially declared as Shajjah-e-Khafifah falling under section 337-A(i), P.P.C. but subsequently on the basis of CT- Scan of head it was declared by the Medical Officers as Shajjah-e-Hashimah under section 337- A(iii), P.P.C. Admittedly in the cross-version registered on 10.09.2014 at the instance of father of the petitioner the accused from the complainant party of FIR are on bail. It is settled law that when a cross-version has been got recorded in a same criminal case by the Investigating Officer during investigation then the case of prosecution also becomes one of further inquiry. Reliance in this regard can be placed on the case reported as Muhammad "Shahzad Siddique v. The State and another (PLD 2009 Supreme Court 58). It is yet to be determined as to who was the aggressor and who was aggressed upon which can be resolved after recording some material evidence by the trial Court. Admittedly, the petitioner is behind the bars for the last more than ten months and his trial have not seen any fruitful progress as yet and there is no chance of early conclusion of trial.
Nobody can be kept in jail for an indefinite period.
3. For what has been discussed above, as the case of the petitioner, prima-facie becomes one of further inquiry covered by subsection (2) of section 497, Cr.P.C., therefore, this petition is, allowed and the .petitioner is granted bail after arrest subject to his furnishing bail bond 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.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.