2002 PLP 3075 (YLR)

Applicant Ratio is facing trial in Sessions Case No.346 of 2001 in an offence under sections 324, 504 and 34, P.P.C. in Crime No.150 of 2001 registered at Police Station Ubauro. The bail application on behalf, of the applicant/accused was filed in the trial Court, but without success. The present bail application has been filed on .the similar grounds. The brief facts as narrated in the F.I.R. are that complainant Allah Bux lodged his F.I.R. stating therein that about six months ago accused Abdul Qadir suspected his illicit relations with his wife Mst. Muradan for which a special oath was taken and thereafter the accused was not on talking terms. On the last night complainant after diverting water in his agricultural land was standing when at about 2 a.m. (night) he saw on torch light and identified Rano and Khadim both were armed with guns while Abdul Qadir having Lathi. Abdul Qadir while abusing extended the murderous attempt to the complainant and in the meanwhile accused Rano fired gunshot upon the complainant which hit him on the left thigh. The complainant raised cries on which P.W. Soomar and Muhammad Idrees came running and seen and identified the accused. Due to odd hours of night and non‑availability of conveyance, the complainant remained in his house and in the morning he went to Taluka Hospital, Ubauro for seeking first aid and treatment and with the help of P.Ws. the F.I.R. was lodged. The applicant/accused was arrested on 25‑9‑2001 and challan was submitted in Court of law having jurisdiction on 19‑10‑2001. It is contended by Mr. Mushtaq Hussain Shah, learned counsel for the applicant that the injured/complainant was brought before the Taluka Medical Officer on 2‑9‑2001 at about 7 a.m. and Medical Certificate was issued on 4‑9‑2001 describing the following injuries: (1) One lacerated wound measuring 2 c.m. in diameter burning chairing + blackening present at the mid of anterior medial aspect of the left front thigh through and through (wound appears entrance). (2) Lacerated wound measuring 4 c.m. x 3 c.m. at the mid of anterior lateral aspect of left front thigh through and through (wound appears exit)." It is further contended by the learned counsel for the applicant that another letter was addressed by the S.H.O. to the Medical Officer for clarification about the injuries. On the basis of a query made by the S.H.O., Medical Officer vide his letter dated 22‑9‑2001 observed that "the injuries may be self‑suffered or friendly made." By issuing the certification an application was filed against the conduct of the Medical Officer and an enquiry was entrusted to Executive District Officer Health, Ghotki and thereafter the same enquiry was entrusted to Medical Superintendent, Ubauro. This enquiry was directed by the Director General Health at Hyderabad with a direction to submit a detailed report within three days in respect of conduct of Dr. Syed Sadiq Ali Shah. As per enquiry report forwarded by the Medical Superintendent to the EDO, Health, Ghotki stating therein that there is no fault on the part of Dr. Syed Sadiq Ali Shah and the further clarification issued on 22‑9‑2001 is absolutely correct and the allegations against the said Medical Officer are false. In support of his proposition, learned, counsel for the applicant has relied upon the case of Abdullah v. The State (2001 MLD 1554) in which it has been held that when there is old enmity between the parties and there was conflict between the ocular and the medical evidence then the applicant/accused are entitled to grant of bail. Mr. Ali Azhar Tunio, Assistant Advocate‑General appearing on behalf of the State has frankly conceded that during the course of enquiry proceedings injured has filed an affidavit admitting therein that he managed the injury in order to involve the applicant/accused and other co‑accused in this case. Such affidavit was sworn by the injured on 4‑9‑2001 in presence of Nazim, Union Council, Kamoon Shaheed and deponent was identified by Mr. Muhammad Nawaz Chadher, Advocate and Notary Public, Ghotki and there are signature and thumb- mark of Imam Bux and Mitho. This affidavit was also signed by Medical Superintendent, Taluka Hospital. Learned A.A.‑G. has further confirmed that in view of the affidavit sworn by the injured himself reflects that injured managed the injury on his person by putting fire in order to implicate his opponent and has frankly conceded that the applicant/accused may be released on bail and this case requires further enquiry. Mr. Saifuddin Shah, learned counsel for the complainant has vehemently opposed the bail application. I have perused the material placed on record and the enquiry report which was conducted by the Medical Superintendent against Dr. Syed Sadiq Ali Shah, Medical Officer, Taluka Hospital, Ubauro. Dr. Abdul Razzak, F.D.O., Health, Ghotki at Mirpur Mathelo has placed several documents on record to show that injured Allah Buz got this injury self‑suffered and the first certificate was managed and thereafter during the course of enquiry proceedings, S.H.O., Police Station Ubauro had sent for clarification about the injuries on which it was opined that the injuries are self- suffered or Friendly made. According to the F.I.R., it is admitted position that the parties are on inimical terms over allegation of karap. The co‑accused Abdul Qadir and Khadim have already been released on bail by the trial Court in view of the conflict in the ocular and medical evidence. This is a case of further enquiry as envisaged under ‑section 497(.2), Cr.P.C. Consequently, the applicant, is released on bail subject to furnishing surety in the sum of Rs.1,00,000 (Rupees one lac) and P. R. Bond in the like amount to the satisfaction of the trial Court. N.H.Q./R‑74/K Bail allowed.