MUHAMMAD RASHEED vs The STATE and another
This matter arises from criminal petitions seeking pre-arrest bail in cross-version cases registered under sections 337A(iii), 337A(i), 337L(2), 337F(i), 354, 148, and 149 of the Pakistan Penal Code 1860. The core legal question involves the determination of bail entitlement in a two-version case where both parties sustained injuries and claim to be the aggressor. The Lahore High Court held that since both parties sustained injuries of similar nature, the question of who was the aggressor is a matter for the trial court to adjudge after recording evidence. Furthermore, the offenses attributed do not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898, investigations are complete, and challan has been submitted. The court laid down the principle that pre-arrest bail should be confirmed in cross-version cases where injuries do not fall within the prohibitory clause and further custodial interrogation is not required, with observations remaining strictly tentative.
- Whether pre-arrest bail can be granted in a cross-version case where both parties sustained injuries of similar nature?
- Do offenses carrying a maximum punishment of five years fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Does the completion of investigation and submission of challan favor the confirmation of pre-arrest bail?
- Section 337A(iii), Pakistan Penal Code 1860
- Section 337A(i), Pakistan Penal Code 1860
- Section 337L(2), Pakistan Penal Code 1860
- Section 337F(i), Pakistan Penal Code 1860
- Section 354, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' ASLAM JAVED MINHAS, J.---Through this single order, I intend to dispose of the instant petition as well as Crl. Misc. No, 5592-B-2015 as both petitions have arisen out of one and the same FIR.
2. The petitioner namely Muhammad Rasheed in Crl. Misc. No, 5656-B-2015 has applied for pre- arrest bail in cross version got lodged by Muhammad Shakeel Faisal vide Rapt No, 11 dated 16.06.2015 under sections 337A(iii), 337A(i), 337L(2), 337F(i), 354, 148, 149, P.P.C. Registered at Police Station, Yousaf Wala against the complainant party of the instant FIR whereas Muhammad Atif and Muhammad Shakeel Faisal petitioners in Crl. Misc. No, 5592-B-2015 have sought pre-arrest bail in case F.I.R. No, 342/2015 dated 11.06.2015 offence under sections 337A(iii), 337A(i), 337L(2), 337F(i), 354, 148, 149, P.P.C. Registered at Police Station, Yousaf Wala, District, Sahiwal.
2. Precise allegation as unfolded in the FIR is that the petitioners while armed with their respective weapons attacked upon the complainant party.
3. I have heard the learned counsel for the parties and perused the record.
4. According to the contents of the FIR, the petitioner launched attach upon the complainant party, whereas according to the cross-version got lodged by Muhammad Shakeel Faisal, complainant party of the FIR assaulted upon the accused party. It is two versions case, one set up by the complainant in the FIR and the other by the accused while recording their cross-versions. During occurrence both the parties sustained injuries almost of similar nature. Each of the party is claiming the other to be an aggressor, therefore, which party is aggressor and which was aggressed upon would be adjudged by the learned trial court after recording of evidence. The injuries attributed to both the parties entail maximum punishment of five years and as such the same do not fall within the prohibitory clause of section 497, Cr.P.C. Previous enmity between the parties is admitted one. I.O. Of the instant case present in Court has admitted that both the parties have joined the investigations, which is complete and they are not required by the police for the purpose of any further interrogation. The challan has already been submitted before the learned trial court.
5 In view of the matter, both these petitions are allowed and ad-interim pre-arrest bail already granted to the petitioners namely Muhammad Atif and Muhammad Shakeel Asif vide order dated 15.09.2015 and the petitioner Muhammad Rasheed vide order dated 16.09.2015 are confirmed subject to their furnishing fresh bail bonds in the sum of Rs,100,000/- (Rupees one lac only) each with one surety each in the like amount to the satisfaction of the learned trial Court.
6. It is pertinent to mention here that the observations made supra .Are tentative in nature and would not prejudice the case of either side at trial stage.