07/09/2025
Qanooni Qarwai
کراس ورشن کیسزز کی صورت میں ضمانت ایک اصول کے طور پر دونوں پارٹیوں کو دینی چاہیے ۔
It is a well-settled principle of criminal jurisprudence that the prime consideration before the Court is to ascertain which party was the aggressor and which party was aggressed upon. The nature, seat, and number of injuries sustained by each side may undoubtedly be relevant; however, such factors are merely indicative and do not, by themselves, carry an overriding or conclusive effect. The mere extent of injuries caused to one party cannot serve as the sole basis for drawing an adverse inference against the other, especially where both versions emanate from the same transaction and each party attributes aggression to the other.
In cases of counter versions arising from the same incident, one given by the complainant in the F.I.R., and the other given by the opposite party, bail in appropriate cases is granted as a rule on the grounds of further inquiry for the reason that the question as to which version is correct is to be decided after the recording of pro and contra evidence during the trial, and also to ascertain which party was the aggressor and which party was aggressed upon. The refusal of bail in such cases is an exception.
Crl.P.L.A.332/2025
Zulqarnain Haider alias Zain v. The State thr. P.G. Punjab and another
Mr. Justice Ishtiaq Ibrahim
Advocate High Court,
Hyderabad
03372033654
