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The Case involved Cross-Versions of the Incident; Pre-Arrest Bail Granted on Ground of Further Inquiry --- Supreme Court of Pakistan

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The Case involved Cross-Versions of the Incident; Pre-Arrest Bail Granted on Ground of Further Inquiry --- Supreme Court of Pakistan

Islamabad 11-07-2024: The Supreme Court of Pakistan has granted pre-arrest bail to petitioner in a case stemming from a family dispute over the management of the Formanites Housing Society. The Court's decision overturns an earlier order by the Lahore High Court, which had denied petitioner's request for bail.

The allegations against the petitioner, as detailed in FIR No. 309/2023, included charges under Sections 448, 440, 511, 427, 148, and 149 of the Pakistan Penal Code (PPC). The FIR claimed that the petitioner and co-accused individuals forcibly entered the housing society, fired indiscriminately, and caused damage to property, including injuries to a passerby.

The petitioner's counsel argued that the charges were motivated by mala fide intentions due to a longstanding family conflict over the housing society's management. The Supreme Court noted the possibility of false implication and highlighted that such disputes often lead to biased accusations.

The Court also pointed out that the case involved cross-versions of the incident, with both parties filing conflicting complaints. In such situations, bail is generally granted to ensure a fair trial and determine the true aggressor. The decision cited precedents from cases like Fazal Muhammad (1976 SCMR 391), Shafiaan (1972 SCMR 682), and Khalid Mahmood (2013 SCMR 1415).

The Supreme Court's order emphasized that the observations made were tentative, and the Trial Court should adjudicate the case independently based on its merits. The petitioner was granted bail upon furnishing surety bonds worth Rs. 100,000/-.

This ruling underscores the judiciary's commitment to impartiality and the need for thorough investigation in cases involving personal and family disputes.