2004 PLP 2027 (YLR)

This is a bail application in connection with Crime No.203 of 2002 registered at Police Station K.N. Shah. The incident had occurred on 22‑12‑2002 in the daytime. It seems that several persons armed with different type of weapons came to the land and abused the complainant party, who had gone there to collect the crop of tea and chillies. Some of the persons fired and the fire was returned. There occurred a free for all when both sides separated using not only the different weapons but all methods to overcome the other side, as a result of firing one person died and others received injuries. Another F.I.R. No.202 of 2002 has been registered on the same day in connection with the same incident. According to this F.I.R., certain persons were on land for water rotation and fertilizing, accused persons armed came over and started abusing them. Some people started running and others opened fire. Once again persons have died and once again each side has accused the other of being the aggressor. Once again land has been fought over and once again a heavy toll has been taken by the land in form and shape of human beings. In the heat of the day both sides have fought a pitched battle resulting in both sides suffering casualties. From a clear reading of both the F.I.Rs., the incident has occurred at 11 in the afternoon. Crime No.202 of 2002 has been registered on the same day at 1230 hours and Crime No.203 of 2002 has been registered at 1315 hours. Learned counsel has relied on the case of Shoab Mehmood Butt v. Iftikhar‑ul- Haq 1996 SCMR 1845. In. this case also there were a question of counter‑versions arising out of one incident. The Court was of the opinion that further inquiry was necessary to determine who was the aggressor and who was the aggressed. In the case of Muhammad Aslam v. State 1997 SCMR 251, bail was granted by a Full Bench of Honourable Supreme Court, as they were of the opinion that it was a case of counter‑versions. In the case of Mst. Shafiqan v. Hashim Ali 1972 SCMR 682, bail was granted on the grounds of counter versions. In the case of M. Ashrafuddin v. State 1977 PCr.LJ 530, bail was granted on the grounds of counter‑versions. In the case of Shah Muhammad v. State PLJ 1984 Cr.C (Lahore)

17. In this case also bail was granted on the grounds of counter‑versions. Based upon the above findings of Honourable Supreme Court and considering the fact that there are two F.I.Rs. with different versions, concession of bail is granted. The applicant be released on bail on furnishing surety in the sum of Rs. Two hundred thousand and P.R. bond in the like amount, to the satisfaction of the trial Court. H.B.T./M‑60/K Bail granted.