QAISER REHMAN alias IMRAN vs STATE and another
This matter arises from a petition for post-arrest bail filed by Qaiser Rehman alias Imran in FIR No. 336/16 registered under Sections 376 and 511 of the Pakistan Penal Code 1860 at Police Station Shah Kot, District Sahiwal, involving allegations of an attempted rape of an 86-year-old woman. The core legal question is whether the petitioner is entitled to post-arrest bail in the face of conflicting cross-versions of the incident, including a prior application under Section 22-A of the Code of Criminal Procedure 1898 and a medico-legal certificate showing injuries sustained by the petitioner. The Lahore High Court held that where rival versions exist and the complainant party has allegedly concealed injuries sustained by the accused during the same occurrence, the matter calls for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. The court laid down the principle that the correctness of competing versions cannot be determined at the bail stage and warrants further inquiry, entitling the accused to the concession of post-arrest bail.
- Whether an accused is entitled to post-arrest bail when a case involves two competing versions of the same occurrence?
- Does the concealment of injuries sustained by the accused in the crime report make the case one of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Can the correctness of rival versions of an incident be determined at the bail stage?
- Section 376, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 22-A, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
ORDER
1. ' Qaiser Rehman alias Imran, petitioner prays for post arrest bail in case age FIR No, 336/16 registered under Sections 376 and 511 PPC with Pttlice Station Shah Kot,,Diatric Sahiwal having allegations that he had attempted to rape with 86 years old lady when she had come out of her house for easing herself in the fields. 2.Parties heard. Record perused.
2. 3.The perusal of the record shows that regarding the same occurrence Muhammad Ramzan, the father of the petitioner made an application to the learned Ex-Officio Justice of Peace for registration of criminal case against the complainant and others alleging that they had committed criminal trespass into his house and injured the petitioner while making a blow on his head. This allegation is further supported by the medico-legal certificate of the petitioner showing that on the same day he was examined through the police by the Medical Expert regarding injuries received by him and declared one of those injuries falling under Section 337-F(v) PPC. This fact as per medical certificate as well as the application filed by the father of the petitioner show that the petitioner had received injury on his head at the hands of the complainant party which has been concealed by them in their crime report. In this manner the case in hand has become of two versions one given in the crime report alleging the attempt to rape an old lady and the other one contained in the application filed under Section 22-A Cr.P.C. supported by the medico-legal certificate of the petitioner showing that he had serious injury in the scuffle. It is not the proper stage to determine the correctness of the versions which would determine by the Court, seized of the trial of the case after recording evidence of the parties. In this manner the case of the petitioner needs further inquiry within the meaning of Section 497( 2) Cr.P.C. entitling him for the concession of bail.
3. 4.For the fore-going reasons the petition in hand in accepted and Qaisar Rehman alias Imran petitioner is admitted to post arrest bail on furnishing of bail bonds in the sum of Rs, 100,000/- with one surety in the like amount to the satisfaction of trial Court.