Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail, grant of---Counter-version cases---Rule that in counter-version cases if one party. is allowed bail the other too is entitled to bail--Applicability ---Where more than one F.I.Rs. were registered at the instance of police officers with mala fide intention to protect the police or to pre-empt any complaint by the real aggrieved party or where police had refused to register the F.I.R. when approached by the wronged party, said rule _was not applicable. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 302---Bail, grant of ---Counter- version case---Rule of consistency---Application---Three F.I.Rs. of same incident were registered at different times---Two F.I.Rs. were registered by police and the third one was registered at the direction of High Court---Firing by police which resulted in death of eight persons on one side and minor injuries to two police. personnel on the other side---One of the accused nominated in other F.I.R: had been granted bail by the Supreme Court---Number of persons killed and injured on both the sides and other accompanying facts neither made the case as of counter-version nor rule of consistency could be applied to same--- Bail was declined to accused in circumstances. Shoaib Mahmood Butt v. Iftikhar-ul-Haq and 3 others 1996 SCMR 1845 and Muhammad Hussain v. The State 1993 PCr.LJ 623 ref. (c) Criminal Procedure Code (V of 1898) --S. 497---Bail---Sifting of evidence at bail stage---Validity -Trial of the case was pending before the Trial Court---Not at all appropriate to undertake any elaborate sifting of evidence. (d) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Allegation of tampering with records or attempts to misdirect course of trial---Amongst the accused, .were senior police officials and other influential people---Complainant had already encountered difficulties in getting his F.I.R. registered, and the same was registered on the directions of High Court---Another F.I.R. was lodged by a person who was in police custody--Allegation of tampering with the records or attempts to misdirect the course of trial could not…

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