Muhammad Yaseen alias Iftikhar, petitioner seeks his pre-arrest bail in cross-version got recorded by Syed Hashmat Hussain Shah, Respondent No, 2, in case FIR No, 101/2011, lodged by Muhammad Akram complainant on 8.2.2011. The cross-version was recorded on 25.2.2011, in which the allegation against the petitioner is that he being a member of an unlawful assembly consisting of 10 persons, 8 known and 2 unknown had inflicted Danda blows on the head of the cross-versioner, Syed Hashmat Hussain Shah. A general allegation against all the assailants is to the effect that they had beaten the cross-versioner as well as his son Ahsan Raza and had also snatched the purse and a mobile phone of the cross-versioner.
2. The learned counsel for the petitioner has contended that the cross-versioner is an accused in case FIR No, 101/2011, lodged by Muhammad Akram, complainant in which the allegation against him is that he while armed with a dagger had inflicted a dagger blow on the head of Muhammad Akram complainant. It is contended that the cross-version has been given after about three months of the alleged occurrence. All the accused of the cross-version, excepting the petitioner and Saqlain Abbas, have been found innocent during the investigation and all the four accused in case FIR No, 101/2011, have also been found innocent during the investigation. In fact, the petitioner is a servant of Shahid Raza, an accused in cross-version and he has been made a scapegoat.
There are counter cases, counter versions by the parties and it will be determined during the trial as to which party had aggressed and who had aggressed and the prohibitory clause of Section 497 Cr.P.C. is not attracted.
3. Conversely, the learned DPG assisted by the learned counsel for the complainant has contended that the petitioner was found guilty . during the investigation and the weapon of offence, i,e, Sota is yet to be recovered and the medical evidence on record lends corroboration to the cross-version.
4. Arguments heard. Record perused.
5. The alleged occurrence took place on 26.11.2010 and the cross-version was given on 25.2.2011, i,e, after about three months of the alleged occurrence. The cross-versioner was named as accused in case FIR No, 101/2011. The story of the cross-version which was lodged against 11 persons including the petitioner has been found false to the extent of 9 accused involved in the cross-version. Since there are counter versions by the parties, therefore, the question as to which party aggressed can be properly determined during the trial. FIR No, 102/2011, lodged by Muhammad Akram is prior in time by 17 days as compared to the cross-version. Keeping in view all the aspects the possibility of false implication of the petitioner cannot be ruled out, hence, ad-interim pre-arrest bail already. granted to the petitioner is hereby confirmed subject to his furnishing fresh bail bonds in the sum of Rs, 50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the-satisfaction of the learned trial Court/Illaqa Magistrate within 14 days failing which the petition shall be deemed to have been dismissed.