ROSHAN and anothers vs THE STATE
This bail application arises from a criminal case registered under sections 337(i), 337(f)(i), 147, 148, and 504 of the Pakistan Penal Code 1860, involving an altercation between two groups. The core legal question is whether the applicants are entitled to post-arrest bail given the existence of a counter-version involving cross-F.I.Rs and injuries sustained by both parties. The Court held that the applicants are entitled to bail, observing that both parties lodged F.I.Rs against each other regarding the same incident and both sides sustained injuries. Consequently, the Court determined that the case against the applicants requires further inquiry to establish the identity of the aggressors. The key principle laid down is that in cases involving cross-versions of an incident where both parties have sustained injuries and filed F.I.Rs, the determination of the initial aggressor is a matter for trial, thereby rendering the case one of further inquiry and justifying the grant of bail to the accused pending the conclusion of the trial.
- Does the existence of a counter-version and cross-F.I.Rs in a criminal case entitle the accused to bail?
- Is the determination of the primary aggressor in a mutual fight a ground for granting bail pending trial?
- Does the fact that both parties sustained injuries in an altercation constitute a case for further inquiry under bail provisions?
- Section 337(i), Pakistan Penal Code 1860
- Section 337(f)(i), Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 504, Pakistan Penal Code 1860
ORDER
1. ' This bail application has been moved on behalf of the applicants Roshan son of Moula Bux and Manzoor son of Kaloo Khan who are involved in Crime No,38 of 2001 of Police Station Qubo Saeed Khan under sections 337(i), F(i), T.M. 147, 148 and 504, P.P.C.
2. ' The brief facts are that on 15-7-2001 the complainant side was confronted with the applicants and their colleagues consisting of 8 persons. It appears that there were some allegations against the complainant of being Karo and therefore, quarrel arose and at the instigation of Ashiq, accused Manzoor caused hatchet blow on the head of Habibullah and accused Roshan inflicted backside of hatchet on the back of P.W. Abdul Latif, the complainant. On the cries of complainant side the applicants who were 8 in number left the place of incident alongwith their weapons.
3. ' The case of the present applicants is that prior to the bail application, they have lodged F.I.R. No,37 of 2001 in respect of the same incident. It is further stated by the counsel for the applicants that in that case all the applicants have been granted bail. He also contends that initially in this matter 8 persons have been indicated by the complainant side but subsequently only two persons i,e, present applicants have been challaned and rest were placed in column II of challan. From the order passed by the learned Sessions Judge, it is admitted that there had been a fight between the two groups and the two F.I.Rs, Nos.37 and 38 of 2001 were filed both by them against each other. It is also admitted that both sides received injuries. Admittedly there is a counter-version by each party. As held by the superior Courts from time to time, it is yet to be decided as to who are the aggressors in the matter. Mr. Soomro has relied upon case of Shoaib Mehmood Butt v. Iftikhar-ul- Haq and 3 others 1996 SCM R 1845 wherein in the similar circumstances, considering the counter- version of the two parties, the bail was granted into the murder case.
4. ' In the circumstances, case against the present applicants is made out of a further enquiry and they are allowed bail on each of them furnishing surety in the sum of Rs,2,00,000 and P.R. Bond in the like amount to the satisfaction of trial Court.