Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 337-A(v),337-F(v),337-L(2),34

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 337-A(v), 337-F(v), 337-L(2) 34--Pre-arrest bail, grant of--Further inquiry--Allegation of--Attacked on complainant party with wooden stick--Held: It is a settled principle of law that in cases of counter-versions, arising from same incident, one given by complainant in shape of FIR and other given by opposite party in shape of Rapt or a report, such cases call for further inquiry and probe as contemplated under Section 497(2), Cr.P.C--It is yet to be determined as to which party is aggressor and which party is aggressed against and which version is correct is to be decided by trial Court which is supposed to record evidence and also appraise evidence in order to come to a final conclusion in this regard--The Investigating Officer of case submits that nothing is to be recovered from possession of petitioner as according to his investigation, petitioner was not armed at time of occurrence--The versions of petitioner as well as complainants of both versions of incident have been verified by Investigating Officer--The assertion that involvement of petitioner in case is based on mala fide and malicious intent is an assertion which cannot be said to be without substance or foundation at this stage--Sending petitioner behind bars at this stage would serve no useful purpose and would cause irreparable loss to his reputation--Bail allowed.[P. 747] A B PLD 2017 SC 730, 1996 SCMR 1845 and 2016 SCMR 2048. ORDER Through this petition filed under Section 498, Cr.P.C. the petitioner namely Muhammad Sharif seeks pre-arrest bail in the cross-version case, lodged on the application of Rab Nawaz and registered through Case Diary No. 04, dated 10.02.2021, in respect of offences under Sections 337-A(v), 337-F(v), 337-L(2) and 34, PPC, relating to case FIR No. 62 of 2021; dated 06.02.2021, registered at the Police Station City Khanpur, District Rahim Yar Khan. 2. The allegation against the petitioner namely Muhammad Sharif, culled from the evidentiary material produced before the Court, is that he, along with his co-accused, attacked the complainant party and the petitioner, while…

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