MUHAMMAD IQBAL Versus THE STATE
This matter concerns a post-arrest bail application filed by the petitioners in a criminal case involving counter-versions of a violent incident. The core legal question was whether the petitioners were entitled to post-arrest bail under Section 497(2) of the Code of Criminal Procedure 1898 on the ground of further inquiry due to suppression of injuries on the accused side. The Lahore High Court observed that the case presented two competing versions of the occurrence and that three individuals from the petitioner's side had sustained injuries during the incident which were suppressed by the prosecution. Additionally, the petitioners had already been remanded to judicial lock-up. The High Court held that these circumstances rendered the case one of further inquiry under Section 497(2), Code of Criminal Procedure 1898. Consequently, the High Court accepted the petition and granted post-arrest bail to the petitioners subject to furnishing bail bonds in the sum of Rs. 30,000 each with one surety.
- Does the suppression of injuries on the accused side by the prosecution make a case one of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Whether the existence of two versions of an occurrence warrants the grant of bail under Section 497(2) of the Code of Criminal Procedure 1898?
- Section 497, Code of Criminal Procedure 1898
- Section 497(1), Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
ORDER
It is contended by learned counsel for the petitioner that it is a case of two versions, that three persons from‑the side of the present petitioner were injured in this case and their injuries have been suppressed by the prosecution, that occurrence had taken place in front of Baithak of the petitioner, that they have been sent to judicial lock‑up and their case is of further inquiry falling under subsection (2) of section 497, Cr.P.C.
2. On the other hand, learned counsel for the complainant submits that petitioners are named in the F.I.R., specific roles are attributed to them, that offence falls within the ambit of section 497(1), Cr.P.C., that statement of the doctor has already been recorded and case is fixed for further evidence for today, that injury received by Ghulam Rasool deceased was on the vital part and it is grievous in nature, that though the injuries on the person of Ghulam Rasool and Mst. Sakeena were declared as Shujja Munaqala but the petitioners have been found guilty by the Investigating Officer.
3. I have heard learned counsel for the parties. It is a case of two versions, three persons from the side of the present petitioner were injured during the occurrence and their injuries have been suppressed by the prosecution, they have been sent to judicial lock‑up and their case is of further inquiry falling under subsection (2) of section 497, Cr.P.C. therefore, this petition is accepted. Petitioners are allowed bail subject to furnishing bail Bonds to the tune of Rs.30,000 (Thirty thousand) each with one surety each in the like amount to the satisfaction of trial Court/Duty Magistrate.
H.B.T./M‑2209/L Bail granted.