2002 PLP 783 (MLD)

‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S.302‑‑‑Bail, grant of‑ Complainant had lodged F.I.R. and had filed two complaints, but had given, different versions in the F.I.R. and complaints ‑‑‑Prosecution was unable to reconcile alleged confession of accused with medical report‑‑‑Case against accused being that of further inquiry, he was admitted to bail. Khadim Hussain Solangi for Applicant. Masood Ali, Addl. A.‑G. The applicant has been sent up to face trial for the offence punishable under section 302, P.P.C. Mr. Khadim Hussain Solangi, learned counsel for the applicant has submitted that the complainant Juman son of Nathu Mallah lodged F.I.R. in Crime No.17 of 2000 at Police Station Sehwan and filed two direct complaints, being Complaints No.6 of 2000 and 18 of 2000 in respect of the same incident. He has given different versions in the F.I.R. and two direct complaints. According to F.I.R. four persons caused injuries to deceased Nazir son of complainant. In direct Complaint No.6 of 2000 7 accused persons were implicated. While in direct Complaint No.18 of 2000 5 accused persons have been implicated. The direct Complaint, No.6 of 2000 has been dismissed for non‑prosecution as the complainant did not appear before the learned Sessions Judge for his statement under section 200 Cr.P.C. He has further submitted that according to medical certificate, injuries were caused to the deceased by fire‑arm and hard blunt substance while according to F.I.R. all injuries were caused by sharp side of hatchet. Learned State Counsel has stated that confession of the accused was also recorded, according to which, he threw‑ brick which hit the deceased on his nose. The learned counsel for the applicant has submitted that: because of conflicting and contradictory versions of the complainant, it is a case of further inquiry, therefore, the applicant may be released on bail. The learned State Counsel has opposed the grant of bail but he has not been able to deny that the complainant has given varying versions in the F.I.R. and two direct complaints. The learned State Counsel is further unable to reconcile the alleged confession of' the accused with the medical report. For the foregoing reasons, I am of the opinion that it is a fit case for grant of bail and consequently the accused Khamiso son of Punhoon is granted bail in the sum of Rs.2,00,000 (Rupees two lacs) acid P.R. Bond in the like amount to the satisfaction of the trial Court. H.B.T./K‑49/K Bail granted.