| Citation(s) |
|---|
| 2018 SLG 3052 2018 SLD 3052 2018 YLR 42 |
Lahore High Court
Criminal Miscellaneous No. 3493/B of 2017, decision Dated: 03-04-2017.
ABDUL SAMI KHAN, JUSTICE
Petitioner(s) by: Nadeem Ashraf Bhatti
Respondent(s) by: Irfan Zia, Deputy Prosecutor General and Zafar A.S.I. with record.
Criminal Miscellaneous No. 3493/B of 2017, decision Dated: 03-04-2017.
ABDUL SAMI KHAN, JUSTICE
Petitioner(s) by: Nadeem Ashraf Bhatti
Respondent(s) by: Irfan Zia, Deputy Prosecutor General and Zafar A.S.I. with record.
MANZOOR AHMAD
VS
THE STATE AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Pakistan Penal Code, 1860
Section: 148,149,337-A(iii),337-V,355
(a) Criminal Procedure Code (V of 1898)-- ----S. 497---Penal Code (XLV of 1860), Ss. 337-A(iii), 337-V, 355, 148 & 149---Hurt, assault or criminal force with intent to dishonour person otherwise than on grave provocation, rioting armed with deadly weapon, unlawful assembly---Bail, grant of---Further inquiry---Case of cross-versions---Accused was attributed the role of causing injury on the nose of injured---Medical examination of injured was conducted with a delay of two days---Cross version was recorded with a delay of three days which prima facie showed that some had been recorded after due deliberation and consultation---Injured had not appeared before the Standing Medical Board constituted by the order of Magistrate for his medical re-examination despite summoning for three times---Case had become the case of two versions after registration of cross version and as to which party was aggressor would be determined by Trial Court after recording evidence---In a case of cross versions, if one party had been allowed bail, the other party would also be entitled to the same relief---Accused was previous non-convict and never involved in any other case---Accused was behind the bars since five months---Investigation of case was complete and accused was no more required for further investigation---No useful purpose would be served by keeping the accused behind the bars---Case of accused had become one of further inquiry covered by subsection (2) of S.497, Cr.P.C.---Bail was granted accordingly. PLD 2009 SC 58 rel. (b) Criminal Procedure Code (V of 1898)-- ----S.497---Bail---Case of counter version---Principle---In a case of counter versions if one party had been allowed bail, the other party would also be entitled to the same relief. PLD 2009 SC 58 rel. THIS ORDER PASSED BY: ABDUL SAMI KHAN, J.--- Through this petition under section 497, Cr.P.C. the petitioner has sought bail after arrest in cross-version under sections 337A(iii), 337V, 355, 148, 149, P.P.C. got recorded by Muhammad Irshad in case FIR No.86/16 dated 10.03.2016, registered at Police Station Satghara, District Okara. 2. I have heard the learned counsel for the parties and have gone through the…
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