Syed Muhammad Mustafa vs State and another
This petition for pre-arrest bail arises from FIR No. 357/2019, involving allegations of criminal trespass, assault, and causing injuries under various sections of the Pakistan Penal Code 1860. The petitioner sought pre-arrest bail, contending that the incident involved cross-versions where the petitioner and his co-accused also sustained injuries during the same occurrence. The core legal question was whether the petitioner was entitled to pre-arrest bail given the existence of cross-versions and medical evidence supporting injuries sustained by the accused party. The Court held that since both sides sustained injuries and the medical reports indicated no possibility of fabrication, the determination of the aggressor is a matter for the trial court after recording evidence. Consequently, the Court confirmed the ad-interim pre-arrest bail granted to the petitioner. The key principle laid down is that in cases involving cross-versions where both parties sustain injuries supported by medical evidence, the question of who initiated the aggression is a triable issue, making a case for the grant of pre-arrest bail to the accused.
- Does the existence of cross-versions and injuries sustained by the accused party justify the grant of pre-arrest bail?
- Is the determination of the aggressor in a criminal case involving cross-versions a matter to be decided at the trial stage?
- Can pre-arrest bail be confirmed when the complainant party expresses no objection?
- Section 47, Pakistan Penal Code 1860
- Section 51, Pakistan Penal Code 1860
- Section 337H(ii), Pakistan Penal Code 1860
- Section 337F(v), Pakistan Penal Code 1860
- Section 342, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 506-B, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 337A(i), Pakistan Penal Code 1860
- Section 337F(i), Pakistan Penal Code 1860
- Section 337L(ii), Pakistan Penal Code 1860
ORDER
Through the instant petition, the petition er seeks pre-arrest bail in case FIR No. 357/2019, dated 19.08.2019, offences under Sections 47/51 1/337H(ii)/337F(v)/342/452/506-B/148/149, PPC, registered at Police Station Shergarh, District Okara.
2. Arguments heard. Record perused.
3. As per brief allegations levelled in the FIR, on 19.08.2019, at about 3.00 p.m, the petitioner along with his co- accused while armed with different weapons launched an attack upon the complainant party and trespassed into the house of Syeda Bibi Jugnu Mohsin in order to take possession of the said house. The petitioner Syed Muhammad Mustafa raised a lalkara and thereafter broke different articles of the house of the complainant. The petitioner then inflicted a butt blow of his pistol, which landed on the right thumb of Muhammad Imran PW. Irfan co- accused inflicted a butt blow of pump action gun, which landed on the back side of the chest of Muhammad Imran PW, where after all the accused persons gave several Sota blows on the body of Muhammad Imran PW. The injury attributed to the petitioner on the right thumb of Muhammad Imran PW was declared to be punishable under Section 337F(v), PPC, hence the abovementioned FIR.
4. I have noted that it is a case of cross versions and three members of the accused side namely Syed Muhammad Mustafa petitioner , Irfan Ali co-accused and Saif Ahmad Shah were also injured during the occurrence. As mentioned earlier , the occurrence in this case took place on 19.08.2019, at about 3.00 p.m. Syed Muhammad Mustafa petitioner was medically examined on the same day i.e., 19.08.2019 at 5.40 p.m. Irfan Ali co-accused was medically examined on, the same day i.e., 19.08.2019, at about 6.50 p.m, whereas Saif Ahmad Shah was also medically examined on the same day i.e., 19.08.2019, at about 7.20 p.m. According to the medico legal report of Syed Muhammad Mustafa petitioner , there were as many as five injuries on his body , which were punishable under sections 337A(i)/337F(i)/337L(ii), PPC. According to the medico legal report of Irfan All co-accused, there were three injuries on his body . According to the medical legal report of Saif Ahmad Shah co-accused, there were four injuries on his body , which were declared to be punishable under Sections 337F(i)/337L(ii), PPC. In the relevant columns of the medico legal reports of the petitioner , as well as, Irfan Ali co-accused and Saif Ahmad Shah, the Medical Officer has categorically mentioned that there was no possibility of fabrication of their injuries. As it is a case of cross versions, therefore, it will be determined by the learned trial Court after recording of evidence that as to who was the aggressor and who was aggressed upon and as such, a case for grant of pre-arrest bail is made out in favour of the petitioner . Reliance in this respect may be placed on the cases of "Raima Ali Hamza and others vs. The State" (2010 SCMR 1219 ) and "Syed Darbar Ali Shah and others vs. The State" (2015 SCMR 879). Even learned counsel for the complainant submits that he has no objection on the confirmation of pre-arrest bail of the petitioner .
5. In the light of above discussion, the instant petition is allowed and ad-interim pre-arrest bail already granted to the petitioner is hereby confirmed subject to his furnishing fresh bail bonds in the sum of Rs. 50,000/- (Rupees fifty Thousand only ) with one surety in the like amount to the satisfaction of the learned trial Court.