Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302,324,34

(a) Criminal Procedure Code (V of 1898)--- ----S. 497--- Bail, grant of---Scope---Cross-version F.I.Rs.--- Principles governing grant of bail in cases where parties have lodged cross-F.I.Rs. against each other---Exception to the rule of grant of bail---Applicability. Principles governing grant of bail in 'cross cases' are as follows:-- (i) To constitute a cross case, mere assertion of a counter case is not enough. Courts are to tentatively assess that the parties, venue and the transaction, prima facie, lead to the result of a single incident narrated differently by the opposing party. The rationale being that frivolous and false counter cases, which can exaggeratedly be set up by the opposite party, do not gain an advantage of the general rule and benefits arising out of a counter case. Arif Din's case 2005 SCMR 1402; Mushtaq's case 2013 YLR 2046 and Liaqat Ali's case 2013 SCMR 1527 rel (ii) In cases of counter versions arising from the same incident, one given by the complainant in the F.I.R. and the other given by the opposite party, bail is granted as a rule on the ground of further inquiry for the reason that the question as to which version is correct is to be decided after recording of pro and contra evidence during the trial and also to ascertain as to which party was the aggressor or was aggressed upon and refusal of bail in such cases is an exception. Fazal Muhammad's case 1976 SCMR 391; Shafiqan's case 1972 SCMR 682 and Khalid Mahmood's case 2013 SCMR 1415 rel. (iii) Exception to the rule of grant of bail in cases of counter versions or cross cases applied where specific and effective role is attributed to the accused, whereby, prima facie, material on the record clearly suggests the connection of the accused with the commission of the offence. Nisar Muhammad Wassan's case 1992 SCMR 501 rel. (iv) In counter versions of opposing parties, not specifying the effective role in causing the fatal injury, leaves room for consideration to render a case within the purview of further inquiry, as provided under section 497 of Cr.P.C. Jaffar's case 1980 SCMR 784 and Muhammad Aslam's case 1997 SCMR 251 rel. (v) In cross cases, wherein one party is granted…

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