KHIZAR HAYAT vs State Ss — 2024 SCMR 1605 SUPREME-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

KHIZAR HAYAT VS State Ss. 497(2) & 498---Constitution of Pakistan, Art. 185(3)---Bail---Case of cross-versions---In cases of counter versions arising from the same incident, one given by the complainant in the FIR and the other given by the opposite party, bail is granted as a rule on the ground of further inquiry for the reason that the question as to which version is correct is to be decided after recording of pro and contra evidence during the trial and also to ascertain which party was the aggressor or was aggressed upon---Refusal of bail in such cases is an exception. Citation Name: 2024 SCMR 1605 SUPREME-COURTBookmark this Case KHIZAR HAYAT VS State Ss. 497(2) & 498---Penal Code (XLV of 1860), Ss. 448, 440, 511, 427, 148 & 149---Constitution of Pakistan, Art. 185(3)---House-trespass, forcibly entering a premises and making indiscriminate firing---Pre-arrest bail, grant of---Further inquiry---Case of cross-versions---Parties were related to each other and were involved in a conflict/dispute over a housing society launched by the petitioner's (accused's) late father---Hence, possibility of false implication and mala fide intention (of complainant) could not be ruled out---Apart from this, it was a case of cross-version---Petitioner in his cross-version had alleged that complainant party was the aggressor because petitioner's side had right to enter into the housing society being the owners of same---Moreover, in the FIR it was alleged that one passerby was injured due to firing of the accused persons however police had conducted no investigation into his injury which also made the case of petitioner as one of further inquiry within the ambit of section 497(2), Cr.P.C---Petition was converted into an appeal and allowed, and the petitioner was admitted to pre-arrest bail.

KHIZAR HAYAT vs State Ss — 2024 SCMR 1605 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 SCMR