Ali Abbas vs State S — 2024 YLR 2064 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURT

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Ali Abbas VS State S. 497---Penal Code (XLV of 1860), Ss. 302(b), 324, 337-A, 341, 109, 114, 34, 147 & 148---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-ammah, wrongful restrain, abetment, abettor present at the time of occurrence, common intention, rioting, rioting armed with deadly weapon---Bail, grant of---Two versions case---Scope---Accused were charged for committing murder of two persons and causing injuries to many persons of the complainant party---According to FIR, there was general allegation against the petitioners that they along with other co-accused launched an attack on son of complainant and injured him---Such allegation against the said petitioners was levelled during the first phase of the occurrence when victim himself telephonically informed the complainant that he received the injuries at the hands of the four petitioners and other co-accused whereas co-accused allegedly committed the murder of said victim with firearm weapon during the second phase of occurrence---Such allegation against the said petitioners was also falsified by the postmortem examination report of deceased because the doctor did not observe any injury on his person except two firearm injuries which had specifically been attributed to co-accused and the said injuries were declared the cause of death of deceased---No allegation was made against the petitioners that they caused any injury on the person of other deceased---Only allegation against the petitioner in the FIR was that he intercepted the complainant and witnesses when they were on their way---Although there was allegation against the other petitioner that he caused firearm injury on the person of injured witness yet during this occurrence petitioners also sustained injuries on their persons at the hands of complainant party---Petitioners were medically examined by the doctor who observed one injury each on the persons of three persons which were declared simple in nature whereas the injury on the person of another person was declared grievous in nature by the doctor---Although on the basis of application submitted by Mr. "SK" petitioner before SHO concerned, cross-version was initiated against the complainant and others but surprisingly the police cancelled the said cross-version case---Seat of injuries on the persons of the petitioners was the best certificate to raise the plea of self defence by them---Injuries on the persons of petitioners were suppressed by the prosecution in the FIR---In view of the matter, prima facie, it seemed to be a case of two versions and in such situation every accused would be responsible for his own act, therefore, vicarious liability would not be attracted in the case---Although during investigation pistol .30-bore was recovered from the possession of petitioner yet the FIR was silent as to whether the petitioner was armed with pistol .30-bore at the time of occurrence---Although there was specific allegation against said petitioner that he caused firearm injury on the person of injured witness yet he himself sustained grievous injury at the hands of the complainant party, therefore, he was entitled to be released on bail giving him the benefit of said injury which was sustained by him---Nothing was recovered from the possession of petitioners---No useful purpose would be served by keeping the petitioners in jail for an indefinite period---Petitioners were admitted to post arrest bail, in circumstance.

Ali Abbas vs State S — 2024 YLR 2064 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURT

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