MAQSOOD AHMAD and anothers vs THE STATE
This is a criminal petition seeking post-arrest bail in respect of F.I.R. No. 128 dated 21-8-2002 registered under sections 324, 337-A(i)(ii), 337-F(i)(vi), 148, and 149 of the Pakistan Penal Code 1860 at Police Station Bangla Icha, District Rajanpur. The core legal question is whether the existence of a cross-version and the determination of who was the aggressor warrant the grant of further inquiry under subsection (2) of section 497 of the Code of Criminal Procedure 1898. The Lahore High Court held that where a cross-version exists and the police have challaned members of the complainant party, the question of who was the aggressor requires further inquiry, bringing the case within the scope of subsection (2) of section 497 of the Code of Criminal Procedure 1898. Consequently, the court admitted the petitioners to post-arrest bail, considering their period of incarceration and previous non-convict status, establishing the principle that a genuine cross-version involving injuries to both sides creates a case for further inquiry regarding culpability.
- Does the existence of a cross-version between warring parties bring a case within the ambit of further inquiry under subsection (2) of section 497 of the Code of Criminal Procedure 1898?
- Whether post-arrest bail can be granted when it is yet to be ascertained which party was the aggressor?
- Section 324, Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-F(vi), 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
' Maqsood Ahmad and Qudrat petitioners have sought, for post-arrest bail in case F.I.R. No,128, dated 21-8-2002, under sections 324/ 337-A(i)(ii)/337-F(i) (vi)/148/149, P.P.C. With Police Station Bangla Icha, District Rajanpur.
2. Briefly, the prosecution case as per F.I.R. That on 17-8-2002 at about 3-00 p.m. Saeed Ahmad armed with Sota, Mustafa emply-handed, Qadi with Sota, Fida Hussain with Sota, Sajjad Ahmad with Sota, Sher Muhammad empty-handed, Maqsood Ahmad with iron bar and Qudrat with hatchet in prosecution of the common object of the unlawful assembly formed by them have caused injuries to Umer Bakhsh, complainant, Rafi Ullah, Muhammad Murad, Barkat Ali, Niaz, Mir Alam and Mst. Mitthu Mai.
' The motive behind the occurrence is that some time prior to the same there had been an altercation between the accused and Rafi Ullah injured. The accused had felt annoyance over the same and had committed the abovesaid act.
3. It has been contended on their behalf that they have falsely been roped in; that in fact the complainant party was aggressor and they were aggressed upon; that there was cross-version from their side before we police and in the same the complainant and four others were directed to be challaned to Court; that it is yet to be ascertained that which of the parties was aggressor and who was aggressed upon and from this angle their case amply falls within the ambit of subsection
(2) of section 497, Cr.P.C. Requiring further inquiry into their guilt; and that they are behind the bars for the last about seven months and are previous non-convicts.
4. Conversely, the learned State Counsel has opposed the petition on the ground that the petitioners are named in the F.I.R. With specific role of causing injuries to the injured persons. He, however, has conceded that from their side cross-version has been recorded by the police and in the same five persons including the complainant were directed to be challaned to Court.
5. I have carefully considered the submissions made from both the sides with the help of available record.
6. No doubt seven persons from the complainant's side have allegedly been injured at their hands but the fact also remains that there is a cross-version from their side in respect of the injuries to their five persons. The existence of the cross-version has been borne out from the record. It has also been borne out from the record that the police have opted to challan five persons of the complainant party including the complainant himself. Therefore, it is yet to be ascertained that who was aggressor and who was aggressed upon. This renders their case open to further inquiry as envisaged by subsection (2) of section 497, Cr.P.C.
7. They arc stated to be behind the bars for the last about seven months and previous non- convicts. In these circumstances, I accept this petition and admit them to bail provided they furnish bail Bonds in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of the learned Ilaqa/Duty Magistrate/trial Court.