2002 PLP 1131 (MLD)

‑‑‑‑S. 497(2)‑‑‑Penal Code (XLV of 1860), Sa, 452/354/337‑F(i)/337‑A(iii)/ 148/ 149‑‑‑Bail, grant of‑‑‑Occurrence had erupted all of a sudden without any premeditation on the part of parties‑-‑Case was of two versions wherein different persons belonging to both parties had sustained injuries‑‑‑All other persons belonging to both the parties except accused had already been admitted to bail‑‑‑Question as to which party was in fact aggressor, would be gone into by trial Court at time of trial on basis of evidence led before it‑‑‑Case against accused calling for further inquiry into his guilt within purview of 5.497(2), Cr.P.C., he was admitted to bail. Nazar Abbas Syed for Petitioner. Ch. Nazir Ahmad for the State. Through this petition Muhammad Nadeem petitioner has sough: post‑arrest bail in the F. I. R. No. 152 registered at Police Station City, Samundri, District Faisalabad on 18‑7‑2001 for offences under sections 452/354/337‑F(i)/337‑A(iii)/148/149, P.P.C. After hearing the learned counsel for the parties and I going through the record it has been noticed that the petitioner belongs to the complainant party of the abovementioned F.I.R. and according to the said F.I.R. he had received injuries at the hands of the complainant party during the incident in question. After a delay of about nineteen days a cross‑examination had been got recorded by the accused party wherein the petitioner and others belonging to the complainant party had been implicated as accused persons. According to the cross‑version the petitioner had allegedly caused an injury on the nose of Latif P.W. with a Thappar. Upon an inquiry made by the Investigating Officer the doctor examining Latif P.W. had opined that a possibility could not be ruled out that the injury on the nose of Latif P. W. had been caused by a friendly hand.

3. A perusal of the cross‑version got recorded by the accused party of the abovementioned F.I.R. shows that on its own showing the occurrence in this case had erupted all ' of a sudden without any premeditation on the part of the parties, It is a case of two versions wherein different persons belonging to both the parties had sustained injuries: All the other persons belonging to both the parties except the present petitioner have already been admitted to bail in this case. The question as to which party was in fact the aggressor shall be gone into by the learned trial Court at the time of the trial on the basis of the evidence led before it.

4. For what has been discussed above the case against the' petitioner calls for‑further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned Trial Court. H.B.T./M‑1015/L Bail granted.