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Criminal Bail Application No. 204 of 1983, decided on Ist December, 1983.

----- S. 497/498-Penal Code (XLV of 1860), S. 334-Quarrel in beat of moment resulting in injuries-Glaring inconsistencies between medical report, version of witnesses and First Information Report No motive or premeditated plan for commission of offence found -Sessions Judge keenly and minutely analysed evidence leaving no room for evaluation-State counsel conceding that case was that of further inquiry and original order granting bail should have been confirmed-Bail granted.

Gulab Khan Kaimkhani for Applicant.

Syed Sarfraz Ahmed A. A.-G. for the State.

This is an application for bail for accused Akbar who was originally granted interim bail but the bail has not been confirmed by the learned trial Court giving rise to this application before me. There is no motive or premeditated plan for commission of this unfortunate incident.

The simple facts involved in the case are that the accused who were haris were standing near their fields and the complainant party who are also haris wanted to turn the watercourse on which some quarrel ensued resulting in two injuries to Muhammad Siddiq. There are glaring incon sistencies between the medical report and the version of the witnesses and of the FIR. According to the FIR one of the two injuries which is alleged to be grievous was caused by sharp side of the weapon while in the medical report both the injuries were certified to have been caused by blunt weapon. Subsequently a doubt has been shown whether it was blunt or sharp side of the weapon. The inconsistencies apart, the main point for consideration in this case is whether there was an intentional premeditated plan to cause a grievous injury or in the heat of the moment the parties came in clash which has resulted in an injury which unfortu nately proved to be more grievous than perhaps what it was intended to be. Moreover the learned Sessions Judge Mirpurkhas has very keenly and minutely analysed the evidence leaving no room for its evaluation at proper stage. He has examined very closely the statements of the witnesses and considered the two medical reports and practically recording his findings which perhaps could be awaited for a later occasion when the case had matured into a full inquiry. The learned A. A.-G. when 'confronted with this situation has conceded that this is a case of further inquiry and in the circumstances of the case the original interim order of bail ought to have been confirmed as it has been done in the case of other two accused. In the circumstances I would allow this application and grant him bail. Surety in the sum of Rs. 10,000 and P. R. in the like amount tot the satisfaction of the trial Court.

M. Z. M. Bail granted.

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