MUHAMMAD ARIF BASHIR vs THE STATE
This matter concerns a petition for pre-arrest bail filed by the petitioner, Muhammad Arif Bashir, in connection with F.I.R. No. 190 of 2002, registered under sections 337-A(ii), 337-F(i), 379, 148, 149, and 452 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to pre-arrest bail given the existence of two conflicting versions of the incident and the petitioner's own injuries sustained during the occurrence. The Court held that because the case involved two versions and the petitioner had also sustained injuries, the determination of the aggressor required further inquiry, thereby bringing the case within the scope of section 497(2) of the Code of Criminal Procedure 1898. Furthermore, the Court noted that other co-accused had already been granted bail and that police findings suggested the petitioner was empty-handed. Consequently, the Court confirmed the interim pre-arrest bail. The key principle laid down is that where a criminal case involves two versions and the accused has sustained injuries, the question of which party was the aggressor necessitates further inquiry, justifying the grant of bail under the provisions of the Code of Criminal Procedure 1898.
- Does the existence of two conflicting versions in a criminal case warrant the grant of bail under section 497(2) of the Code of Criminal Procedure 1898?
- Is an accused entitled to bail when they have sustained injuries during the same occurrence?
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 379, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
1. ' Seeks pre-arrest bail in case F.I.R. No.190 of 2002, dated 5-9-2002 under sections 337-A(ii)/337- F(i)/379/148/149/452, P.P.C. Registered at Police Station Renala Khurd, District Okara.
2. 2.The said F.I.R. Was got registered by brother of the petitioner but during the investigation on the basis of counter-version which was recorded on 14-9-2002 i.e., nine days after the registration of this case, the petitioner has also been arraigned as accused with the specific allegation that at the time of occurrence he was armed with hockey and gave injuries to one Zulfiqar.
3. 3.It is a case of two versions. During this occurrence petitioner also received injuries and he was got medically examined by the police. Under the circumstances of this case the question as to which party was aggressor needs further inquiry and brings the case of the petitioner within the fold of section 497(2), Cr.P.C. Even otherwise according to the police finding at the time of occurrence petitioner was empty-handed A and at the most case against him is covered under section 452, P.P.C. Similarly all the accused mentioned in the F.I.R. Have already been admitted to bail. In this view of the matter, ad interim pre-arrest bail already granted to the petitioner stands confirmed against the same surety bonds.
4. Interim pre-arrest . 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.