ABDUL RASHID Versus State

ORDER

IQBAL HAMEEDUR REHMAN, J.--- By this single order Criminal Miscellaneous No.2208/B of 2006 and Criminal Miscellaneous No.2920/B of 2006 arising out of two separate F.I.Rs. are being decided.

2. In Criminal Miscellaneous No.2208/B of 2006 the petitioner Abdul Rashid seeks post-arrest bail in case F.I.R. No.394 of 2005, dated 5-9-2005 registered under sections 302, 324, 148, 149, P.P.C. at Police-Station Yousaf Wala, District Sahiwal, whereas the petitioner Muhammad Yousaf in Criminal Miscellaneous No.2920/B of 2006 seeks post-arrest bail in case F.I.R. No.395 of 2005 under section 302/34, P.P.C. registered at Police Station Yousaf Wala.

3. Briefly stated the above mentioned F.I.R. No.394 has been registered against the petitioner and others namely Ali Ahmad, Mehboob Ahmad, Ayyub, Malkoo and Hassan, Fateh Muhammad lodged F.I.R. No.394 of 2005, dated 5-9-2005 registered under sections 302, 324, 148, 149, P.P.C. at Police Station Yousaf Wala, District Sahiwal, alleging therein that on 5-9-2005 at about 4-45 p.m. the complainant along with his son Muhammad Nawaz were coming towards his Ihata, when abruptly the above mentioned accused persons armed with .12 bore guns, emerged there, Abdul Rashid made a Lalkara that they be taught a lesson for taking the possession; at this allegedly Rashid made a fire and it landed on the chest of Nawaz second fire was made by Ali Ahmad and it inflicted on his right arm and he fell on the ground. In the meantime, Naveed Ahmad and Muhammad Safdar came at the spot and Mehboob Ahmad gave .12 bore gun fire and it landed on the left hand and left calf of Naveed. In the meantime, the other accused persons remained making firing. The petitioner applied for grant of pre-arrest bail before the learned Additional Sessions Judge, Sahiwal, who dismissed the same vide order, dated 20-4-2006. Another F.I.R. No.395 of 2005 under section 302/34, P.P.C. was registered at Police Station Yousaf Wala lodged by the brother of the petitioner Abdul Rashid regarding the same occurrence in which nephew of the petitioner was also murdered by the present complainant party.

4. The petitioner Muhammad Yousaf in Criminal Miscellaneous No.2920/B of 2006 also seeks post-arrest bail in the case F.I.R. No.395 of 2005 under section 302/34, P.P.C. was registered at Police Station Yousaf Wala, District Sahiwal, on the statement of Fateh Muhammad and others alleging therein that on 5-9-2005 at about 4-40 p.m. he was sitting in the residential Ihata of his brother Abdul Rashid along with Fazal Din, Mukhtar Ahmad and Maqsood Ahmad. Accused Muhammad Nawaz armed with repeater, Muhammad Javed armed with .222 rifle, Safdar armed with .12 bore reached there. Muhammad Nawaz raised Lalkara and simultaneously started firing which hit the wall of the house. Thereafter, firing started from both sides. Resultantly, aforementioned Muhammad Nawaz came within the range of the cross-firing and was injured whereupon firing stopped. The complainant along with the persons mentioned above came back to his house. After about five minutes petitioner armed with .30 bore pistol, Javed armed with .12 bore gun, Naveed armed with .222 bore rifle, Safdar also armed with .12 bore gun came outside his house. The petitioner and Muhammad Javed broke open the door and entered in the room and dragged Shahid Nadeem son of Abdul Rashid who was sleeping there. Javed accused gave butt blows to. Shahid Nadeem. Petitioner fired at him while remaining accused persons resorted to indiscriminate firing. P. Ws. hearing the fire shots were attracted whereupon the accused made good their escape.

5. The petitioner Muhammad Yousaf submitted application for post-arrest bail before the learned Additional Sessions Judge, Sahiwal, who dismissed the same vide, order, dated 23-8-2006.

6. It is submitted by the learned counsel for the petitioners in both the bail applications namely Abdul Rashid and Muhammad Yousaf that they would have no objection if both the bail applications are allowed.

7. It is a cross-version case the Honourable Supreme Court of Pakistan in the case of Shoaib Mehmood Butt v. Iftikhar-ul-Haq and 3 others 1996 SCMR 1845 has held that case of two counter-versions arising from the same incident, one given by the complainant min the F.I.R. and the other given by the opposite party. Such cases are covered for grant of bail on the ground of further inquiry as contemplated under section 497(2), Cr.P.C. In such cases normally, bail is granted on the ground of further inquiry for the reason that the question as to which version is correct is to be decided by the trial Court which is supposed to record evidence and also appraise the same in order to come to a final conclusion in this regard. Further held that contentions raising questions as to which version in the two F.I.Rs. is correct and which party is aggressor and which party is aggressed against can be gone into and decided by the trial Court only after elaborate evaluation of the evidence recorded by it and not at the bail stage.

8. In view of the statements of the learned counsel for the petitioner in both the bail applications and following the dictum laid down by Honourable Supreme Court of Pakistan in the case of Shoaib Mehmood Butt v. Iftikhar-ul-Haq and 3 others 1996 SCMR 1845, both these petitions are allowed. The petitioners are admitted to post-arrest bail subject to their furnishing bail bonds in the sum of Rs.50,000 each with one surety each in the like amount to the satisfaction of the trial Court.

H.B.T./A-213/L Bail granted.