Zulfiqar Ali and Muhammad Ramzan-petitioners alongwith others stand involved in Crime Report No, 122, dated 12.6.2003, under Sections 337-A(i)/337-A(ii)/337-L(2)/337-F(ii)/337-C/324/34 P.P.C., registered at Police Station Ghazi Abad, district Sahiwal, at the instance of one Muhammad Razzaq.
2. Learned counsel appearing on behalf of the petitioners submits that offences alleged to have been committed by the petitioners do not fall within the prohibitory clause of Section 497 Cr.P.C; that it is a case of two version; that both the petitioners was injured in the same occurrence and they had also suffered four and six injuries respectively on their person; that cross version on behalf of the petitioner has also been recorded by the police; that in fact, the complainant party was aggressor; that they have falsely been involved in this case due to malafide and ulterior motive; that Sections 337-C and 324 P.P.C. are not attracted to the facts and circumstances of this case; that at the trial, it will be determined whether these sections were applicable or not; that co- accused of the petitioners, namely, Muhammad Boota and Muhammad Sharif had already been released on bail, whereas Muhammad Razzaq-accused in cross case from the complainant side had also been released on bail; that both the petitioners are behind the bars since their arrest i,e, 4.7.2003 and, no more required by the police for further investigation and that their further detention in jail will not serve any useful purpose to the prosecution in any manner.
3. Conversely, learned counsel appearing on behalf of the State submits that names of the petitioners are specifically mentioned in the first information report and they were armed with daggers and had caused serious injuries to Muhammad Sadiq therefore, they are not entitled to be released on bail at this stage.
4. Both the sides have been heard at length. Perusal of the record shows that it is a case of cross version. According to the prosecution, the petitioners were armed with daggers and had unflicted serious injuries to Muhammad Sadiq injured PW, whereas in the cross version, which has been registered against Muhammad Sadiq, Muhammad Razzaq, Abdul Rasheed and Muhammad Yaqoob, who have caused injuries to both the petitioners. The report medico legal certificate shows both the petitioners had received four and six injuries respectively, whereas Abdul Rasheed from the complainant side had suffered three injuries. Admittedly, it is case of cross version where both the parties had suffered injuries and it cannot be determined at this stage, which party was aggressor and which was aggressed upon. Learned counsel for the petitioners has relied upon on a decided case reported as "Shoaib Mehmood Butt versus Iftikhar-ul-Haq and 3 others" (1996 S.C.M.R. 1845), where it has been held that in case of counter versions arising from the same incident, one given by complainant in the F.I.R. and the other given by the opposite party. It is almost settled that such cases are covered for grant of bail on the ground of further inquiry contemplated under Section 497(2) Cr.P.C. In such cases normally, bail is granted on the ground of further enquiry for the reason that the question as to which version is correct is to be decided by the trial Court which is supposed to record evidence and also appraise the same in order to come to a final conclusion in this regard. Normally the question arise as to which party is aggressor and which party is aggressed against. Respectively following the dictum law laid down the august Supreme Court, I am of the view that case against the petitioners does not falls within the prohibitory clause of Section 497 Cr.P.C. entitling them to be released on bail.
5. Accordingly, by accepting this petition, I direct that the petitioners be released on bail, subject to their furnishing bail bonds in the sum of Rs, 1,00,000/- (Rupees one lac) with one surety each in the like amount to the satisfaction of trial Court.