GHULAM ABBAS alias GAMAN and others vs The STATE and others
This matter concerns three criminal petitions for post-arrest bail filed by several accused persons involved in cross-version FIRs registered at Police Station Wah Bachran, District Mianwali, arising from a violent incident where multiple individuals were killed or injured. The core legal question was whether the accused, involved in a mutual fight with cross-versions and uncertain culpability, were entitled to the concession of post-arrest bail. The Supreme Court observed that the incident appeared to be the result of a sudden fight, making it difficult to determine the initial aggressor at the pre-trial stage. Given the existence of two versions and the possibility of an absence of pre-meditation, the Court held that the accused were entitled to bail. The key principle laid down is that in cases of cross-versions involving a sudden fight where it is difficult to ascertain the aggressor at the bail stage, the court may grant bail to the accused parties, particularly when there is a mutual agreement or lack of objection from the opposing sides, as this serves the interests of justice pending trial.
- Can post-arrest bail be granted in cases of cross-versions where it is difficult to determine the aggressor?
- Does the absence of pre-meditation in a sudden fight justify the grant of post-arrest bail?
- Is the mutual consent of opposing parties a relevant factor for the court when considering bail in cross-case scenarios?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
1. SH. AZMAT SAEED, J.---In Criminal Petition No. 668-L of 2017, Petitioner Ghulam Abbas alias Gaman and in Criminal Petition No.678-L of 2017 Petitioners Muhammad Arshad Khan and Muhammad Akram Khan are seeking post-arrest bail in case FIR No.98 dated, 16.05.2015 under sections 302, 324, 148, 149, P.P.C., registered at Police Station Wah Bachran, District Mianwali.
2. In Criminal Petition No.909-L of 2017, Petitioner Abdul Waheed is seeking post-arrest bail in case FIR No.97 dated 16.05.2015, under sections 302, 324, 148 and 149, P.P.C., registered at. Police Station Wah Bachran, District Mianwali.
3. Apparently, FIRs Nos.97 and 98 of 2015 pertained to the same incident and have been lodged on behalf of the two parties involved therein. The members of both the sides have been arrested whose post-arrest bail is now being sought. The learned counsel who represents the accused in one of the FIR also represents the complainant in other FIR.
2. We have heard the learned counsel for the parties, who'represent the opposite sides of a fight in which several people died or were injured on both sides. Though, the incident apparently taken place in front of the house of one of the parties, yet, it appears to be the result of a sudden fight.
4. The possibility of absence of pre-meditation cannot be overruled. It is difficult to determine, at this stage, who was aggressor. It is a case of two versions and two FIRs.
5. 3.In the above backdrop, both the learned counsel state that they have no objection if the accused of the other, side behind bars are granted bail as long as the gesture is reciprocated.
6. 4.In these circumstances, Criminal Petitions bearing Nos.668-L, 678-L and 909-L of 2017 are converted into appeals and allowed. Consequently, the Appellants Ghulam Abbas alias Gaman, Muhammad Arsand Khan, Muhammad Akram Khan and Abdul' Waheed are granted post-arrest bail, subject to their each furnishing bail bonds in the sum of Rs.100,000/- (rupees one lac) with one surety each in the like amount to the satisfaction of the learned Trial Court.
Cited by 6 cases
- Niaz Muhammad etc, Momin Khan and another vs The State etc, The State 2023 PHC 366
- Muhammad Rafique vs The State, etc 2022 SCP 182, 2022 PSC (Crl.) 981, 2022 PLD Supreme Court 694, PLJ 2022 SC
- Babar Hussain vs The State and another 2022 YLR 1488
- Kamran Khan vs The State and another PLJ 2021 Cr.C.1571, 2021 P Cr. L J 1643
- USMAN alias OSSO Versus State 2023 PCrLJN 41
- REHMAN SHAH Versus State 2018 YLRN 233