Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 337-A(iii),337-F(i),427,148,149

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code ( XLV of 1860), Ss.337-A(iii), 337-F(i), 427, 148 149---Interim bail, confirmation of---Further inquiry---Cross version---Delay of four months and two days in lodging of cross version for which no plausible explanation had been rendered---As to which party was aggressor and which was aggressed upon, would be determined after recording of evidence---Such circumstance itself made the case against the accused persons to be one of further inquiry within the ambit of S. 497(2), Cr.P.C---Court could look into and evaluate the mala fides from the facts and circumstances of the case and while deciding the matter of pre arrest bail could touch upon the merits of the case---Ad-interim bail already granted to accused persons was confirmed, in circumstances. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.--- Apprehending their arrest at the hands of police, by way of instant petition, the petitioners Asif Ali, Ahmad Uman and Afnan Ali seek their pre-arrest bail in cross version under sections 337-A(iii), 337-F(i), 427, 148, 149, P.P.C. in case FIR No.410/2019, dated 04.05.2019, offence under Sections 452, 147, 149, P.P.C., registered with Police Station, Bata Pur, District Lahore. 2. Allegation against the petitioner, in brief, as per contents of the cross version is that on 03.05.2019 at 8:00 p.m. they along with his co-accused launched assault upon the complainant's party of cross version. 3. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been roped in the instant case against the actual facts and circumstances. It is argued that there is delay of four months and two days in lodging the cross version for which no plausible explanation has been rendered by the prosecution. It is next argued that the story contained in the cross version is against the facts. Further contends that the complainant party of the cross version is aggressor party who attacked upon the petitioners party and during the said occurrence the complainant party of cross version injured the petitioner party. Adds that this is case of two versions and this would be determined at trial stage.…

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