1. ' BHAJANDAS TEJWANI, J.---The allegations against the present applicant in the F.I.R. Lodged on 27- 5-2005 in crime No,46 of 2005 Police Station, Sakrand are that he fired from his pistol which hit deceased Riaz Hussain on the chest, who died instantly.
2. ' The bail application is pressed on the ground that the applicant is in jail custody since more than four years and the trial has not been concluded. There is conflict between ocular and medico legal version. The report of ballistic expert with regard to the recovery of pistol is in negative and that complainant in his deposition has disowned the F.I.R. And he in clear terms said in his deposition that the deceased has sustained only on his chest, while P.W. Muhammad Illyas who is eyewitness of the incident has also deposed that deceased sustained only one injury on his chest. The P.W.
3. Muhammad Illyas disown 161, Cr.P.C. Statement recorded by the police.
4. ' The learned D.P.G. Appearing for the .State has opposed the grant of bail on the ground that the name of the applicant along with specific role transpires in the F.I.R. And P.Ws have supported the case of prosecution and the recovery has been effected from the applicant and that the delay in trial as disclosed by the trial Court is on the part of the applicant.
5. ' I have heard the learned counsel for the applicant and learned D.P.G. Appearing on behalf of the State.
6. This case is pending for adjudication since more than four years and the applicant is in jail custody without being adjudged. It is right of a person, involved in a criminal case to be tried expeditiously.
7. Moreover, there are material contradictions in the ocular version and medical opinion. According to the case of prosecution as alleged in the F.I.R. That the deceased sustained only one injury on his chest caused by the present applicant, while according to post mortem note, the deceased has sustained another injury on his left thigh and according to expert medical opinion, both injuries have been caused by firearm weapon. The complainant and P.Ws./eye-witnesses examined have deposed in clear term that deceased sustained only one fire arm injury on his chest and no other injury on thigh was sustained by him.
8. ' Further more, the complainant in his deposition disowned the contents of F.I.R. That the same was not read over to him by the police and so also P.W. Muhammad Illyas in his deposition in Court has said that his 161, Cr .P.C. Statement was not recorded by the police. In my humble opinion, the case has been made out for grant of concession of bail in view of the said discrepancies coupled with opinion of ballistic expert, which is in negative.
9. ' For the foregoing reasons, this bail application is allowed. The applicant shall be released on bail, on his furnishing surety in the sum of Rs .Two hundred thousand and PR bond in the like amount, to the satisfaction of learned trial Court.
10. ' The above observations are of tentative in nature and should not influence upon the learned trial Court at the time of final disposal of the case.