2021 PLP 166 (MLD)

MALIK SHAHZAD AHMAD KHAN, J.

Through the instant petition, Muhammad Ashraf petitioner seeks post arrest bail in case FIR No.53/2020, dated 20.02.2020, under sections 324/148/149/337-A(ii)/ 337-F(i)/337-F(iii)/337L(2), P.P.C., registered 'at police station Saddar Bhalwal, District Sargodha.

2. Arguments heard. Record perused.

3. As per brief allegations levelled in the FIR, on 20.02.2020, at about 7.30 a.m., the petitioner along with his co-accused while armed with different weapons launched an attack upon the complainant party and caused injuries to Sultan, Nawaz, Muhammad Noor and Saif PWs. The petitioner has been assigned the role of making a fire shot at the chest of Sultan PW and inflicted butt blow of rifle on the head of Nawaz PW. 5(sic). I have noted that it is a case of cross versions. The occurrence in this case took place on 20.02.2020, at about 7.30 a.m. The petitioner was also medically examined on the day of occurrence i.e., 20.02.2020, at about 11.30 p.m. As per medico legal report, there were as many as three injuries on the body of the petitioner. Medical Officer in the relevant column of the medico legal report of the petitioner has categorically mentioned that there was no possibility of fabrication of his injuries. It is further noteworthy that the petitioner was got medically examined through Fiaz Ahmad 51/C, i.e., through police. Learned counsel for the complainant along with the complainant, present before the Court has conceded on instructions that the complainant party did not challenge the medico legal report of the petitioner before any higher forum. Although learned counsel for the complainant has argued that the injuries of the petitioner were simple in nature, whereas the injuries sustained by the complainant party are grievous but it is by now well settled that nature of injuries is not relevant at bail stage, in a case of cross versions. It is prima facie established in this case that members of both the parties were injured during the occurrence, therefore, irrespective of the nature of their injuries, it is not determinable at bail stage that as to who started the occurrence. In such like situation, the accused is entitled to the relief of bail. Reference in this context may be made to the case reported as "Hamza Ali Hamza and others v. The State" (2010 SCMR 1219), where injuries of the accused party of the said case were minor in nature and injuries of the complainant party were grievous but bail was granted to the accused on the ground that it is difficult to ascertain at the stage of bail that as to who was the aggressor. As it is a case of cross versions, therefore, it will be determined by the learned trial Court after recording of evidence that as to who was the aggressor and who was aggressed upon and as such a case for grant of post arrest bail is made out in favour of the petitioner. Reference in this context may also be made to the cases reported as "Syed Darbar Ali Shah and others v. The State" (2015 SCMR 879). "Abdul Hameed v. Zahid Hussain alias Papu Chaman Patiwala and others" (2011 SCMR 606), "Khalid Mahmood and another v. Muhammad Kashif Rasool and others" (2013 SCMR 1415) and "Saqib and others v. The State and others" (2020 SCMR 677).

5. Keeping in view all the aforementioned facts, the instant petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs. 2,00,000/- (Rupees two hundred Thousand only) with one surety in the like amount to the satisfaction of the learned trial Court. SA/M-132/L Bail granted.