P L D 2011 Karachi 199 (PLP)

AHMED ALI M. SHAIKH, J.

Applicant Wajid has been booked in Crime No.228 of 2010 registered at Police Station Malir Cantt. for offence under sections 324/34, P.P.C.

2. The contents of the prosecution case in nutshell are that on 11-12-2010 at 5 p.m. accused Saeed Khan and his two sons namely Wajid and Sajid alias Sani and their relative Waqas were standing in front of door of the complainant Necklase. They were knocking the door of his house by kicking and using filthy language. During such commotion, Mst. Parveen, mother of the complainant, his brother Haroon alias Moon emerged out from their house following which accused Saeed Khan and his two sons started firing upon them resultantly Mst. Parveen, Haroon alias Moon and Raheel received injuries. Such F.I.R. was registered on the very same day.

3. It is, inter alia, contended that the applicant is innocent and has nothing to do with the alleged offence; there is general allegation against all the male members of the applicant's family and no specific role is attributed to the present applicant injured. P.Ws Mst.Parveen, Haroon alias Moon and Raheel have not implicated the present applicant in their respective 161, Cr.P.C. statements. Per learned counsel, there is a counter-version in respect of same occurrence as prior to this a case under Crime No.227 of 2010 was registered by the present applicant against Moon, brother of complainant Necklase Masih.

4. Conversely, learned A.P.-G. though opposed the bail plea of the applicant but could not controvert the contentions raised by the learned counsel for the applicant.

5. Heard learned counsel for the parties and perused the record.

6. No doubt name of the applicant appears in the F.I.R. as one of the culprits who launched murderous assault at the complainant party, however no specific role is attributed to the present applicant. P.Ws. Mst. Parveen, Haroon alias Moon and Raheel did not implicate the present applicant as one of the assailants in their respective 161, Cr.P.C. statements.

7. There is yet another aspect of the case viz. counter-version as on the very same day prior to this case present applicant had registered a case against Moon, brother of the complainant, for committing murder of his cousin Waqas. Since there are counter versions in respect of same incident, one is given by the complainant and another by the present applicant in which Waqas, cousin of the applicant, lost his life at the hands of Moon who has been shown as one of the P.Ws. in Crime No.228 of 2010.

8. It is settled law that in case of counter versions arising from the same incident one given by the complainant in the F.I.R. and other by 2 opposite party, such cases are covered for giant of bail on the ground of further enquiry as contemplated under section 497(2), Cr.P.C. for the reason that question as to which version is correct is to be decided by the trial court which is supposed to record evidence and also appraise the same in order to come to a final conclusion in this regard. Reference may be made to the case of Shoaib Mehmood Butt v. Iftikhar-ul-Haq (1996 SCMR 1845).

9. For the foregoing reasons and in view of dicta laid down in the case of Shoaib Mahmood Butt (supra), I am of the considered view that the case of time applicant requires further enquiry. Consequently, bail application is allowed. The applicant shall be released on bail upon furnishing surety in the sum of Rs.50,000 (Rupees Fifty Thousand only) and P.R. Bond in the like amount to the satisfaction of the trial Court. H.B.T./W-4/K Bail granted.