QASIM and another vs STATE and another
The petitioners sought post-arrest bail in case FIR No. 369 dated 8.8.2018 under Sections 379, 337A(i), A(vi), F(v), L(ii), 148/149 of the Pakistan Penal Code 1860, registered at Police Station Sadar Chichawatni, District Sahiwal. The precise allegation was that the petitioners along with co-accused caused injuries to prosecution witnesses while armed. The core legal question was whether the petitioners made out a case for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. The Lahore High Court held that the petitioners were entitled to bail, noting an unexplained three-day delay in lodging the FIR, previous litigation between the parties, the existence of an unwitnessed cross-version and injuries sustained by the accused party which were suppressed in the first information report, making it a case of two versions requiring further probe. The court laid down the principle that where a case involves suppressed cross-injuries and rival versions as to who was the aggressor, the matter falls within the scope of further inquiry, warranting the grant of post-arrest bail.
- Does an unexplained delay of three days in lodging the FIR provide grounds for further inquiry in a post-arrest bail petition?
- Whether the omission of injuries sustained by the accused party in the FIR makes the case one of further inquiry under criminal law?
- Is bail to be granted when there are competing versions of an incident and it is yet to be determined at trial which party was the aggressor?
- Section 379, Pakistan Penal Code 1860
- Section 337A(i), Pakistan Penal Code 1860
- Section 337A(vi), Pakistan Penal Code 1860
- Section 337F(v), Pakistan Penal Code 1860
- Section 337L(ii), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
Petitioners Qasim and Abdul Manan approached this Court for grant of post arrest bail in case FIR No, 369 dated 8.8.2018, offence under Sections 379, 337A(i), A(vi), F(v), L(ii), 148/149, PPC, registered, at Police Station Sadar Chichawatni, District Sahiwal.
2. Precise allegation against petitioners is that they alongwith co-accused while armed with different weapons caused injuries on the persons of PWs.
3. Heard. Perused.
4. Inordinate delay of three days in lodging the FIR remained unexplained on the part of prosecution. Previous litigation between the parties on criminal side is an admitted fact. Admittedly , petitioners' party also received injuries during the incident at the hand of complainant party against whom cross-ve rsion was lodged. The injuries sustained by accused party were not shown in the FM. It is a case of two versions; it is yet to be determined at trial that which of the party was aggressor and which was aggressed upon. Petitioners are behind the bars for the last more than five months and no more required for investigation. In the given facts and circumstances, guilt of petitioners needs further probe and their case calls for further inquiry . Resultantly , this petition is allowed and petitioners be released on bail subject to furnishing bail bonds in the sum of Rs, 1,00,000/- each with one surety each in the like amount to the satisfaction of learned trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.