ABDUL JABBAR vs STATE
This is a post-arrest bail application arising from FIR No. 152/2003, involving charges under Sections 302, 148, 149, and 109 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner, who was not alleged to have caused the fatal injury to the deceased but was accused of causing simple injuries to prosecution witnesses, was entitled to bail given the cross-version of the incident where the accused party sustained significant injuries. The court held that the petitioner is entitled to bail. The ratio of the decision rests on the fact that the complainant party suppressed the fact that they were armed and failed to explain the 26 injuries sustained by the accused party, indicating that the complainant party did not present the whole truth. The court established the principle that where the complainant party fails to explain injuries sustained by the accused in a cross-version case, and the petitioner's specific role is limited to causing simple injuries, the case against the petitioner becomes a matter of further inquiry, warranting the grant of bail pending trial.
- Does the failure of the complainant to explain injuries sustained by the accused party in a cross-version case entitle the accused to bail?
- Is a petitioner entitled to bail when the prosecution alleges only simple injuries against them and the case involves a cross-version of aggression?
- When does a criminal case fall under the category of 'further inquiry' for the purpose of granting bail?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
ORDER
This is bail after arrest application in case FIR No, 152/2003, dated 18.5.2003, under Section 302/148/149/109 PPC, of Police Station Shahkot, District Sheikhupura.
2. According to the prosecution allegation on 13.5.2003 at about 1.45 p.m. Ahmad Din complainant alongwith the deceased son-in-law Sakhawat Ali, daughter Mst. Zubeda and other family members were returning to their house after extirpating their onion crop and when they reached near their house, Abdul Jabbar petitioner armed with Kassi, Muhammad Mansha co-accused armed with stick, Manzoor Hussain co-accused armed with Daater, Maqsood Ahmad co-accused armed with iron Punji, Shaukat Ali co-accused armed with sota and Mst. Surraya Bibi wife of Abdul Jabbar empty handed came over there raising lalkaras. The petitioner and his wife then called out lalkara that Muhammad Shaukat Ali deceased be taught a lesson for picking up scrap with them every now and then, Maqsood Ahmad co-accused inflicted a blow with his iron Punji hitting Sakhawat Ali on his head, Manzoor Ahmad co-accused also hit with his Datery on the head of the deceased, who fell down. Shaukat Ali co-accused and Abdul Jabbar petitioner with their respective weapons caused injuries to Mst. Zubeda injured P.W. On the alarm raised by the complainant, Muhammad Anwar and Abdul Rehman alongwith other residents of the village were attracted and they intervened and rescued the injured and the complainant party. The petitioner alongwith his other co-accused also injured Muhammad Anwar P.W. During the course of occurrence, some persons from the accused party were also injured. According to the medico legal report, Sakhawat Ali had sustained two injuries of blunt weapon on his head, Mst. Zubeda Bibi PW sustained two injuries of blunt weapon on her person which are of simple in nature and Muhammad Anwar P.W. also sustained two injuries with blunt weapon on his person which are simple in nature.
3. During course of investigation, it was found that six persons from the side of petitioner namely Abdul Jabbar petitioner, Shaukat Ali, Maqsood Ahmad, Mst. Zarina Bibi. Mst. Sughran Bibi and Mst.
Surraya Bibi were also injured, and in all, they received 26 injuries of blunt weapon on their person.
4. It is contended on behalf of the petitioner that the petitioner did not cause any injury to the deceased and that only allegation against him is that he had caused one simple injury each to Mst. Zubeda Bibi and Muhammad Anwar P.Ws and that the petitioner himself had suffered two blunt weapon injuries on his person out of which one injury is on his head and that besides the petitioner, his five other co-accused had also suffered injuries and that infact the complainant party was also armed and it had attacked the petitioner's side and had caused them as many as 26 injuries, whereas, the complainant side in all had sustained only six injuries and that it will be seen at the time of trial as to which party had committed aggrassion and till then the case of the petitioner is a matter of further inquiry.
5. Admittedly the petitioner did not cause any injury to the deceased and he is only alleged to have caused one injury each to injured P.Ws namely Muhammad Anwar and Mst. Zubeda Bibi which are simple in nature. The petitioner and his five other co-accused had also sustained 26 injuries on their person. The complainant party had suppressed the factum of its being armed at the time of occurrence. While the complainant's side in the FIR has minutely described as to who had caused the injuries to the deceased and the injured P.Ws. but it has failed to explain as to how the petitioner's side had received as many as 26 injuries on their persons and the complainant while lodging the F.I.R. has thus tried to. minimize the role of the complainant party and had not come out with the whole truth. There is back ground of enmity between both the parties. It appears that both the parties being armed had a costed each other and had caused injuries and it will be seen at the time of trial as to which party had committed aggrassion. The petitioner had only caused simple injuries to the P.Ws and he himself also sustained injuries in the occurrence. He is lodged in jail since 27.5.2003. His person is of required for further investigation. As such, he is admitted to bail provided he furnishes bail bonds in the sum of Rs, 50,000/- with one surety in the like amount to the satisfaction of the learned trial Court.