ORDER IQBAL HAMEED-UR-REHMAN, J- By this single order Crl. Misc. No. 2208-B/2006 and Crl. Misc. No. 2920- B/2006 arising out of two separate F.I.Rs. Are being decided.
2. . In Crl. Misc. No.. 2208-B/2008 the petitioner Abdul Rashid seeks post-arrest bail in case F.I.R. No. 394/2005, registered under Sessions 302, 324, 148, 149, P.P.C. At Police Station Yousaf Wala, District Sahiwal, whereas the petitioner Muhammad Yousaf in Crl. Misc. No. 2930-B/2006 seeks post-arrest bail in case F.I.R. .No. 395/2005 under Section 302/34, P.P.C. Registered at Police Station Yousaf Wala.
3. Briefly stated the above-mentioned F.I.R. No. 394 has been registered against the petitioner and others namely Ali Ahmad, Mehboob Ahmad, Ayyub, Malkoo, and Hassan, Fateh Muhammad lodged F.I.R. No. 394/2005, dated 5.9.2005 registered under Sections 302, 324, 148, 149, P.P.C. At Police Station Yousaf Wala', District Sahiwal, alleging therein that on 5.9.2005 at about 4.45 p.m. The complainant alongwith his son Muhammad Nawaz were coming towards his that, when .Abruptly the above- mentioned accused persons armed with 12-bore' guns, emerged there, Abdul Rashid made a lalkara that they be taught a lesson for taking the possession; at this allegedly Rashid made a fire and it landed on the chest of Nawaz, second fire was .Made by Ali Ahmad and it inflicted on his right arm and he fell on the ground. In the meantime, Naveed Ahmad and Muhammad Safdar came at the spot and Mehboob Ahmad gave 12-bore gun fire and it landed on the left hand and left calf of Naveed. In the meantime, the other accused persons remained making firing. The petitioner applied for grant of pre-arrest bail before the learned Additional Sessions Judge, Sahiwal, who dismissed the same vide order dated 20.4.2006, Another F.I.R. No. 395/2005 under Section 302/34, P.P.C. Was registered at Police Station Yousaf Wala lodged- by the brother of the petitioner Abdul Rashid regarding the same occurrence in which nephew of the petitioner was also murdered by the present complainant party.
4. The petitioner Muhammad Yousaf in Crl. Misc. No. 2920-B/2006 also seeks post-arrest bail in case F.I.R. No. 395/2005 under Section 302/34, P.P.C. Was registered at Police Station Yousaf Wala, District Sahiwal, on the statement of Fateh Muhammad and others alleging therein that on 5.9.2005 at about 4.40 p.m. He was sitting in the residential that of his brother Abdul Rashid alongwith Fazal Din, Mukhtar Ahmad and Maqbool Ahmad, Accused Muhammad Nawaz armed with repeater, Muhammad Javed armed with 222 rifle, Safdar armed with 12-bore reached there. Muhammad Nawaz raised Lalkara and simultaneously started firing which hit the wall of the house. Thereafter, firing started from both sides. Resultantly, afore-mentioned Muhammad Nawaz came within the range of cross firing and was injured whereupon firing stopped. The complainant alongwith the persons mentioned above came back to his house. After about five minutes petitioner armed with 30- bore pistol, Javed armed with 12-bore gun, Naveed armed with 222 bore rifle, Safdar also armed with 12-bore gun came outside his house. The petitioned and Muhammad Javed. Broke open the door and entered in the room and dragged Shahid Nadeem son of Abdul Rashid who was sleeping there. Javed accused gave butt blows to Shahid Nadeem. Petitioner fired at him while remaining accused persons resorted to indiscriminate firing. PWs hearing the fire shots were attracted whereupon the accused made good their escape.
5. The petitioner Muhammad Yousaf submitted application for post-arrest bail before the learned Additional Sessions Judge, Sahiwal, who dismissed the same vide order dated 23.08.2006.
6. It is submitted by the learned counsel for the petitioners in both the bail applications namely Abdul Rashid and Muhammad Yousaf that they would have no objection if both the bail applications are allowed.
7. It is cross-version case, the Honourable Supreme Court of Pakistan in the case of Shahid Mehmood Butt v. Iftikhar-ul-Haq and 3 others (1996 S.C.M.R. 1845) has held that case of two counter-versions arising from the same incident, one given by the complainant in the F.I.R. And the other given by the opposite party. Such cases are covered for grant of bail on the ground of further inquiry are contemplated under Section 497(2), Cr.P.C. In such cases normally, bail is granted on the ground of further inquiry for the reason that the question as to which version is correct is to be decided by the Trial Court which is supported to record evidence and also appraise the same in order to come to a final conclusion in this regard. Further held that contentions raising questions as to which version in the two F.I.Rs. Is correct and which party is aggressor and which party is aggressed against can be gone into and decided by the Trial Court only after elaborate evaluation of the evidence recorded by it and not at the bail stage.
8. In view of the statements of the learned counsel for the petitioners in both the bail^applications and following the dictum laid down by Honourable Supreme Court of Pakistan in the case of Shoaib Mehmood Butt v. Iftikhar-ul-Haq and 3 others (1996 S.C.M.R. 1845), both these petitions are allowed.
The petitioners are admitted to post-arrest bail subject to their furnishing bail bonds in the sum of Rs. 50,000/- each with one surety each in the like amount to the satisfaction of the Trial Court.