MUHAMMAD NADEEM vs THE STATE
This matter comes before the Lahore High Court through a petition filed by Muhammad Nadeem seeking post-arrest bail in respect of First Information Report No. 152 registered at Police Station City, Samundri, District Faisalabad, for offences under sections 452, 354, 337-F(i), 337-A(iii), 148, and 149 of the Pakistan Penal Code 1860. The core legal question concerns whether the petitioner is entitled to post-arrest bail in a case involving cross-versions and sudden fights where co-accused have already been granted bail and further inquiry into guilt is warranted. The court held that the case against the petitioner falls within the purview of further inquiry under subsection (2) of section 497 of the Code of Criminal Procedure 1898, as the occurrence erupted suddenly without premeditation, both parties sustained injuries, and other co-accused had already been admitted to bail. The petition was consequently allowed, admitting the petitioner to bail subject to furnishing requisite security bonds.
- Whether an accused is entitled to post-arrest bail when a case involves cross-versions and it is yet to be determined which party was the aggressor?
- Does a sudden occurrence without premeditation involving injuries to both parties attract the provisions of further inquiry under section 497(2) of the Code of Criminal Procedure 1898?
- Is the rule of consistency applicable for granting bail when all other co-accused belonging to both parties have already been admitted to bail?
- Section 452, Pakistan Penal Code 1860
- Section 354, Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-A(iii), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' Through this petition Muhammad Nadeem petitioner has sought post-arrest bail in the F.I.R. No,152 registered at Police Station City, Samundri, District Faisalabad on 18-7-2001 for offences under sections 452/354/337-F(i)/337-A(iii)/148/149, P.P.C.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that the petitioner belongs to the complainant party of the abovementioned F.I.R. And according to the said F.I.R. He had received injuries at the hands of the complainant party during the incident in question. After a delay of about nineteen days a cross-examination had been got recorded by the accused party wherein the petitioner and others belonging to the complainant party had been implicated as accused persons. According to the cross-version the petitioner had allegedly caused an injury on the nose of Latif P.W. With a Thappar. Upon an inquiry made by the Investigating Officer the doctor examining Latif P.W. Had opined that a possibility could not be ruled out that the injury on the nose of Latif P.W. Had been caused by a friendly hand.
3. A perusal of the cross-version got recorded by the accused party of the abovementioned F.I.R.
Shows that on its own showing the occurrence in this case had erupted all of a sudden without any premeditation on the part of the parties. It is a case of two versions wherein different persons belonging to both the parties had sustained injuries. All the other persons belonging to both the parties except the present petitioner have already been admitted to bail in this case. The question as to which party was in fact the aggressor shall be gone into by the learned trial Court at the time of the trial on the basis of the evidence led before it.
4. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs,50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned Trial Court.