HASSAN FRAZ and others vs THE STATE
This case arose out of a petition for the confirmation of anticipatory pre-arrest bail concerning F.I.R. No. 196 dated 5-7-2001, registered under Sections 452, 506, 109, 148, 149, and 337 of the Pakistan Penal Code 1860 at Police Station Shera Kot, Lahore. The prosecution alleged that the petitioners, armed, criminally trespassed into the complainant's house and assaulted the complainant and prosecution witnesses due to election rivalry. The core issue before the High Court was whether the interim pre-arrest bail previously granted to the petitioners ought to be confirmed in light of a cross-version registered by an injured party from the petitioners' side. The High Court observed that a cross-version had been recorded, wherein the accused in that cross-case were found guilty during investigation yet were granted bail. Relying on the established rule of parity that parties in cases involving cross-versions are ordinarily treated alike, the Court confirmed the ad-interim pre-arrest bail granted to the petitioners.
- Whether the rule of parity applies to the grant or confirmation of bail when accused persons in a cross-version case have already been admitted to bail?
- Can interim anticipatory bail be confirmed on the ground that the opposing party in a cross-version incident is on bail?
- Section 452, Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 337, Pakistan Penal Code 1860
ORDER
Criminal case: F.I.R. No,196 dated 5-7-2001 for offence under sections 452, 506, 109, 148, 149 and 337, P.P.C. was registered at Police Station Shera Kot, Lahore on an application submitted by Zulfiqar regarding an occurrence which had taken place a day earlier. Allegation against the accused was that they vicariously armed. trespassed in the house of the complainant and belaboured on the complainant as well as prosecution witnesses. The attack on the complainant was stated to be result of election rivalry between the parties.
2. Petitioners were allowed anticipatory bail by order dated 31-7-2001. Matter has been posted for further proceedings.
3. A cross revision of the incident was also brought on record from the report of Hassan Nawaz who was injured in the incident. I accused, in the cross-version case have been round guilty in the course of investigation and all of them, however, on hail. Ordinarily. parties in cases of cross- version are treated alike. Since all the accused in cross-version case are on hail. 1 am inclined to confirm the bail allowed to the petitioners.
4. Bail allowed to the petitioner by order dated 31-7-2001 is hereby confirmed. 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.