In this backdrop the case of the present petitioner, in the peculiar circumstances of the case, becomes one of further enquiry falling within the ambit of section 497 (2), Code of Criminal Procedure.

 In this respect, reliance is placed upon the case reported as Muhammad Zahid Umar v. The State and others (2016 SCMR 1246) wherein after noticing the suppressing of injuries on the person of an accused the Hon’ble Supreme Court of Pakistan observed as under:- 

“Chances of suppression of real facts by both the parties cannot be ruled out. However it is for the learned trial Court to determine, after elaborate evaluation of the evidence to be recorded by it, as to which party was the aggressor and who was aggressed upon. Moreover, according to learned Additional Prosecutor General, challan in both the cases i.e. the instant FIR and the cross version has already been submitted in the trial Court. In this backdrop the case of the present petitioner, in the peculiar circumstances of the case, becomes one of further enquiry falling within the ambit of section 497 (2), Code of Criminal Procedure.” 

On the same subject, further reference can be made to the cases titled as Faisal Khan and 3 others v. The State and another (2017 MLD 1220), Ahmed Hussain v. The State and another (2016 YLR 1503), Khadim Hussain and others v. The State and others (2015 MLD 543), Ramzan alias Jan Qazi v. The State and another (2013 YLR 1307) and Muhammad Aamir v. The State (2010 PCrLJ 512). 

 Part of Judgment 

IN THE LAHORE HIGH COURT RAWALPINDI BENCH, RAWALPINDI.

Crl. Misc.-Post-arrest Bail
3607-B-20

2020 LHC 1847