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PLJ 2020 SC (Cr.C.) 133, 2016 SCMR 2048

GHULAM ABBAS vs The STATE and others

CitationPLJ 2020 SC (Cr.C.) 133, 2016 SCMR 2048
CourtSupreme Court of Pakistan
Case No.Crl. P. No, 240-L of 2016
Date2016-03-11
Judge(s)Manzoor Ahmad Malik, Sardar Tariq Masood
ResultBail granted

ORDER

' MANZOOR AHMAD MALIK, J.---The petitioner seeks pre-arrest bail in cross-version recorded in case FIR No, 382 of 2015 dated 20.10.2015, offences under sections 337-A(ii), 337-F(i), 337-H(ii), 337-L(ii), 148, 149, P.P.C., registered at P.S. Saddar Jhang.

2. After hearing the learned counsel for the petitioner, learned counsel for respondent No,2, learned Law Officer and after perusing the record with their assistance, it has been observed that the incident was first reported to the police by Umar Hayat and FIR No, 382/15 was registered.

Thereafter, cross-version in the said FIR was got registered on the statement of Asghar Ali on 26.10.2015 against the petitioner and several others. As per the cross-version, the allegation against the present petitioner is that he gave two Sota blows on the head. And the back side of shoulder of Ghazanfar, brother of complainant of the cross-version. However, during the course of investigation, as confirmed by the learned Additional Prosecutor General, Punjab, the police found that petitioner did not cause any injury to Ghazanfar, as alleged in the cross-version, rather he had a scuffle with Muzaffar Hayat and the injuries allegedly sustained by said Muzaffar Hayat are simple in nature. Admittedly, it is a case of two versions and possibility of false implication of the petitioner cannot be ruled out. It is to be determined by the learned trial Court after elaborate evaluation of the evidence to be recorded by it as to which party was the aggressor and which party was aggressed upon.

3. For the foregoing reasons, this petition is converted into appeal and the same is allowed.

Consequently, Ghulam Abbas petitioner is allowed bail before arrest in the cross-version of FIR No 382 of 2015, subject to his furnishing bail bond in the sum of Rs,100,000/- (Rupees one hundred thousands only), with one surety in the like amount, to the satisfaction of the learned trial Court.

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