Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302,324,147,148,149

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail, right of---Scope---Case of counter-versions---Plea was that bail should be allowed in every case which had a counter-version---Validity---Rule that bail must be granted in every case of counter-version was not a hard and fast rule, and each case had to be examined on its own facts and circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 147, 148, 149---Qatl-e-amd, attempt to commit qatl-e-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Bail, refusal of---Case of cross-versions---Grant of bail on plea of cross-version F.I.R.---Scope---Implication in F.I.R. with specific allegations---Recovery of weapon from accused---Effect---Accused persons while armed with weapons allegedly entered house of complainant and murdered the deceased persons and causing injuries to several persons---Motive for the occurrence was due to enmity over property---Contention of accused persons was that occurrence consisted of two versions; that a cross-version F.I.R. had been lodged against the complainant party, therefore, it was yet to be seen as to which part was the aggressor, and that one of the accused specifically nominated for committing murder was let off by the police during investigation---Validity---Cross-version F.I.R. lodged by accused side mentioned that incident took place near house of complainant party, and even otherwise said F.I.R. was lodged a day after the present F.I.R. lodged by complainant party---Such circumstances showed that occurrence as reported in cross-version might have taken place in retaliation of occurrence as reported in present F.I.R.---Question of counter-version would be decided after examination of prosecution witnesses during trial---Plea of counter version raised by accused side could not form basis for grant of bail in such circumstances---Letting off of one of the accused during investigation would not damage the prosecution case against the remaining accused, rather it made the investigation fair---Accused persons were nominated in the F.I.R. with specific role attributed to each one of them---Prosecution…

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