Law: Code of Criminal Procedure, 1898

Section: 497

Law: Pakistan Penal Code (PPC),1860

Section: 302, 324, 337-H(2), 440, 148, 149

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 302, 324, 337-H(2), 440, 148 & 149--Cross-version--Post-arrest bail--Grant of--Another report of the same occurrence has been registered by accused of FIR, including the same place, time and date of occurrence, while involving the same parties inter se--In cases involving cross-version of the same occurrence--Prime consideration before the Court is to ascertain which party was the aggressor and which party was aggressed upon--Mere extent of injuries caused to one party cannot serve as the sole basis for drawing an adverse inference against the other--Bail in appropriate cases is granted as a rule on the grounds of further inquiry--Petition, therefore, is converted into an appeal and is allowed. The petitioner is granted post arrest bail.    [P. 184] A, B, C & D 1976 SCMR 391; 1972 SCMR 682; 2013 SCMR 1415; 2024 SCMR 1605 ref. Sardar Abdul Raziq Khan, ASC and Syed Rifaqat Hussain Shah, AOR for Petitioner. Mr. Basharatullah, ASC for Respondent. Mr. Tariq Siddique, APG for State. Date of hearing: 16.4.2025. Judgment Ishtiaq Ibrahim, J.--The petitioner has approached this Court seeking post-arrest bail in FIR No. 348 dated 16.05.2023, under Section 302, 324, 337-II(2), 440, 148 & 149, PPC Police Station Kallar Syedan, District Rawalpindi, following the dismissal of his bail petition by the Hon’ble Lahore High Court, Rawalpindi Bench, Rawalpindi and the Court below. 2.       Briefly stated, the petitioner along with co-accused forming an unlawful assembly while being armed with deadly weapon is alleged of committing murder of Yasir Ali (deceased) and causing injury to Qamar Zaman (PW) as recorded in FIR No. 348 of 2023 dated 16.05.2023 at 2:45 p.m. The occurrence is stated to have taken place over a land dispute being the motive. 3.       The matter has been thoroughly heard and the record has been perused. 4.       We noticed from record that another report of the same occurrence has been registered by Hassan Akhtar (accused of FIR No. 348…