2017 PLP 978 (YLR)
BABAR — Petitioner Versus The STATE and others — Respondents
| Citation | 2017 PLP 978 (YLR) |
| Forum / Court | Lahore (Multan Bench) |
| Bench Members | Abdul Sami Khan, J |
| Parties | BABAR — Petitioner Versus The STATE and others — Respondents |
| Primary Law | (a) Criminal Procedure Code (V of 1898), (b) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2017 PLP 978 (YLR)?
This judgment primarily cites: (a) Criminal Procedure Code (V of 1898), (b) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 978 (YLR)?
The case was heard and decided by the Lahore (Multan Bench) bench comprising: Abdul Sami Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 978 (YLR) (BABAR — Petitioner Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Subah Sadiq Klason for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss. 337-A(i),337-A(iii), 337-F(i), 148 & 149
Causing shajjah-i-shafifah, causing shajjah-i-hashimah, causing damiyah, rioting armed with deadly weapon, unlawful assembly, common intention
Counter version
According to FIR, allegation on the accused was that he caused injury on the head of the injured
Admittedly father of the accused got registered cross version against the complainant party
As to who was the aggressor and who was aggressed upon was yet to be determined by the Trial Court after recording material evidence
Attending circumstances bringing the case of accused within the ambit of further inquiry covered by S.497(2), Cr.P.C.
Accused was behind the bars for the last more than ten months and trial had not progressed and there was no chance of its early conclusion
No body could be kept in jail for an indefinite period
Bail had already been granted to the other side
If one party in a case of counter-version, was granted bail, other party would also become entitled to the same
Accused was allowed bail in circumstances.
S. 497(2)
Counter-versions
Case in which cross-version had been recorded in the same criminal case such case had become one of further inquiry. Shahzad Sididque v. The State and another PLD 2009 SC 58 rel.
Judgment & Decree
ABDUL SAMI KHAN, J.
Through this petition under section 497-A, Cr.P.C. the petitioner has sought bail after arrest in case FIR No.367/2014 dated 27.07.2014, Offence under sections 337-A(iii), 337-A(i), 337-F(i), 148, 149, P.P.C., registered at Police Station Mamu Kanjan, Tehsil Tandlianwala, District Faisalabad.
2. The arguments advanced by the learned counsel for the parties have been heard and the record of this case has also been perused with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. According to the FIR, the allegation against the present petitioner is that he caused injury on the person of Sajid on the head, which was initially declared as Shajjah-e-Khafifah falling under section 337-A(i), P.P.C. but subsequently on the basis of CT-Scan of head it was declared by the Medical Officers as Shajjah-e-Hashimah under section 337-A(iii), P.P.C. Admittedly in the cross-version registered on 10.09.2014 at the instance of father of the petitioner the accused from the complainant party of FIR are on bail. It is settled law that when a cross-version has been got recorded in a same criminal case by the Investigating Officer during investigation then the case of prosecution also becomes one of further inquiry. Reliance in this regard can be placed on the case reported as Muhammad "Shahzad Siddique v. The State and another (PLD 2009 Supreme Court 58). It is yet to be determined as to who was the aggressor and who was aggressed upon which can be resolved after recording some material evidence by the trial Court. Admittedly, the petitioner is behind the bars for the last more than ten months and his trial has not seen any fruitful progress as yet and there is no chance of early conclusion of trial. No body can be kept in jail for an indefinite period.
3. For what has been discussed above, as the case of the petitioner, prima-facie becomes one of further inquiry covered by subsection (2) of section 497, Cr.P.C., therefore, this petition is, allowed and the petitioner is granted bail after arrest subject to his furnishing bail bond in the sum of Rs.100,000/- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned Trial Court.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only. JK/B-16/L Petition allowed.