1980 P Cr (PLP)

M. I. Memon, Addl. A.‑G. for the State. The facts according to F.I. R. lodged by one Allah Wadhayo on 26th June, 1978, at Police Station, Rustam of District Sukkur, are that Ibrahim (deceased).. maternal uncle of the complainant, married Mst. Hati, and after his marriage, he 'stopped Karim Bux from visiting his house as he suspected him to be on illicit terms with his wife. Karim Bux and Qalander Bux got annoyed on this and threatened Ibrahim of bad consequences. Ibrahim was ploughing his land near Sind Wah on the day. of incident whereas the complainant was cutting a jungle nearby his land Juman was taking grass (palal) from Dera and Jhangal was grazing his. buffaloes of bank of Sind‑Wah, when at about 9‑30 a. m. Karim Bux, Waroo (applicant) and Qalander Bux came there. Karim Bux and Waroo. had hatchets where. as Qalander Bux was empty handed. Qalander Bux instigated Karim Bux who inflicted a hatchet blow to Ibrahim on his forehead and so also Waroo and he after making cries fell down. The complainant, Juman and Jhangal ran towards them and the assailants seeing them coming ran away to northern side alongwith their hatchets. They did not chase them due to fear and found Ibrahim bleeding from the injuries lying unconscious there. The motive was annoyance on ‑ account of stopping Karim Bux by the deceased from visiting his house. However Ibrahim subsequently expired. The police after usual investigation‑ sent up the applicant and Qalander Bux to stand trial under sections 302/34, 342 and 114, P. P. C. whereas Karim Bux has been shown as absconder in the challan. The bail application was moved before the learned III Addl. Session's Judge, Sukkur, who was pleased to reject it. The learned counsel for the applicant contends that there is inconsis tency between the ocular testimony and that of medical evidence. In F.I.R. it‑has been clearly said that both of the injuries on person of the deceased were inflicted from the sharp side of the hatchets whereas the medical officer described them to have been caused by a hard and blunt substance which in any case, would not be from the sharp side of the hatchet. The learned counsel further contends that he has been falsely involved because of his relationship with Karim Bux. He also points out that Karim Bux has not yet been arrested and it was not known as to when he would be arrested and the applicant's case has not been bifurcated and he has remained in jail for eighteen months. The learned Additional A. G, rightly concedes to grant of bail in view of clear inconsistency between the ocular testimony and that of medical evidence. After having heard the learned counsel for the applicant and State, I .feel that there is inconsistency between the ocular testimony and that of medical evidence coupled with a fact of the applicant's remaining in custody for eighteen months and the absconder accused still at large are circumstances which bring this case within scope of furher inquiry as contemplated by section 497 (2), Cr. P. C. Therefore without going into the merits of the case, I grant bail to the applicant who shall be released on his furnish ing solvent surety in the sum of Rs. 20,000 and P. R. bond in the like amount to the satisfaction of the learned Sessions Judge, Shikarpur. Bail allowed,