Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 337-A(iii)/337-F(v)/34

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 337-A(iii)/337-F(v)/34---Shajjah-i-hashimah, ghayr-jaifah hashimah, common intention---Bail, grant of---Cross-version F.I.Rs.---Matter was reported to the police with a delay of eight (8) days, which had not been explained by the prosecution---Persons from both sides received injuries and cross-version F.I.R. had also been recorded in that regard---Question as to whether the accused or the complainant party was the aggressor, could not be determined at bail stage and same was to be resolved by the Trial Court after recording the evidence---Sufficient grounds existed to enlarge the accused on post-arrest bail---Bail petition of accused was allowed and he was admitted to bail. Shoaib Mehmood Butt v. Iftikhar-ul-Haq and 3 others 1996 SCMR 1845 and Muhammad Shahzad Siddique v. The State and another PLD 2009 SCMR 58 fol. THIS ORDER PASSED BY: SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.--- By means of instant petition,the petitioner has sought for his post arrest bail in case F.I.R. No.242 of 2011, dated 15-11-2011, offence under sections 337A(iii), 337-F(v), 34, P.P.C., registered with Police Station, Mochh, District Mianwali. 2. Allegation against the petitioner, in brief, as per contents of F.I.R. is that on 7-11-2011 at 8-00 a.m. he along with his co-accused after abusing attacked upon the complainant party. The petitioner gave a fist blow on the nose of Saleh Muhammad, injured P.W., which resulted into fracture of the same. 3. Learned counsel for the petitioner contends that the petitioner is innocent and has falsely been involved in the instant case by the complainant against the actual facts and circumstances. It is argued that there is delay of eight days in lodging the F.I.R., which has not been explained by the prosecution. Further submits that the complainant party has suppressed the true facts while got registering the instant case against the accused persons as during the incident, the petitioner and his son Mehboob Alam also received injuries during the incident from the complainant side and cross-version under sections 337F(v), 337A(1), 34, P.P.C., was also recorded…

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