Through this single order; I propose to dispose of Cr1. Misc. No, 61709-B of 2017 (Muhammad Anwar vs. The State etc) and Crl. Misc. No, 75519-B of 2017 (Ashir Waseem Babar, etc. vs. The State etc) seeking pre-arrest bail in case F.I.R. No, 196/2017, dated 01.06.2017, under Sections 337-F(v), 337-A(i), 337-L(ii), 148 & 149, PPC and Cross Version under Section 337-L(ii), 337-F(v), 337-A(i), 337-A(ii), 148 & 149, PPC, Police Station Balochni, District Faisalabad as both the petitions arise out of one F.I.R.
2. Arguments heard. Record perused.
3. It is admitted fact that initially the FIR was recorded on the complaint of Ashir Waseem Baber (the Petitioner No, 1 in Crl. Misc. No, 75519-B/2017) on 01.06.2017 whereas occurrence took place on 26.05.2017 at 5:00 P.M. Subsequently, the accused-Muhammad Anwar (the petitioner in Crl. Misc.
No, 61709-B/2017) of the FIR moved an application for recording of cross-version of the FIR on 03.06.2017, upon which cross-version was lodged against Ashir Waseem Baber and Muhammad Boota (the petitioners in Crl. Misc. No, 75519-B/2017). The matter was reported to the police with the delay of six days and eight days respectively by the complainant Ashir Waseem Baber (the Petitioner No, 1 in Crl. Misc. No, 75519-B/2017) of the F.I.R. as well as the complainant-Muhammad Anwar (the petitioner in Cr1. Misc. No, 61709-B/2017) of cross-version, which had not been plausibly explained by the complainant of the F.I.R. as well as the complainant of the cross-version. As per record,, both sides sustained injuries. The I.O. present in the Court has stated that accused side of the cross-versior was the aggressor. The complainant of cross-version is named as accused in the FIR and he caused injury on the left shoulder of the complainant-Ashir Waseem Baber (the Petitioner No, 1 in Crl. Misc. No, 75519-B/2017), whereas, Ashir Waseem Baber (the Petitioner No, 1 in Crl. Misc. No, 75519-B/2017) caused head injury to the complainant of cross-version-Muhammad Anwar (the petitioner in Crl. Misc. No, 61709-B/2017) and Muhammad Boota (the Petitioner No, 2 in Crl. Misc. No, 75519-B/2017) caused injury on the right arm of the complainant of cross-version- Muhammad Anwar (the petitioner in Crl. Misc. No, 61709-B/2017). All injuries attributed to the petitioners falls under Section 337-F(v) and 337-A(ii), P.P.C. Admittedly both sides concealed the injuries sustained by other side and previous enmity between both side is admitted fact. The case is of three versions. One put forward by the complainant of the FIR and one by the complainant of the cross-version, whereas third version was brought on the record by the Investigating Officer, who concluded that Muhammad Boota caused injuries to Muhammad Anwar, the complainant of the cross-version and Asher Waseem Babar was empty handed. It is to be determined by the learned trial Court that which version is correct one. In presence of counter versions between the parties, it is yet to be determined that as to who was the aggressor and who aggressed upon. In this respect reliance is placed on 2011 SCM R 606. All above said facts, create doubt together with the fact that to counter the role played by both sides in the occurrence alleged belated FIR as well as cross-version was lodged, which makes the case of the petitioners one of further inquiry. Prima facie, the false implication of the petitioners with mala fide intention cannot be ruled out and sending the petitioners behind the bars would not serve any useful purpose. Besides, the learned counsel of the complainant-Ashir Waseem Baber (the Petitioner No, 1 in Crl. Misc. No, 75519-B/2017), and learned counsel for the complainant of cross-version-Muhammad Anwar (the petitioner in Cr1.
Misc. No, 61709-B/2017) have shown no objection on confirmation of bail petitions of the accused of F.I.R. as well as accused of cross-version.
4. For the reasons supra, both petitions are accepted and ad-interim pre-arrest bail already granted to Muhammad Anwar (the petitioner in Crl. Misc. No, 61709-B/2017) and Asher Waseem Babar and Muhammad Boota (the petitioners in Crl. Misc. No, 75519-B/2017) are confirmed subject to their furnishing fresh bail bonds in the sum of Rs, 1,00,000/- each with one surety each in the like amount to the satisfaction of the learned trial Court.