FALAK SHER, J.- Petitioner complainant of the case registered vide FIR No. 19 of 5.2.1992 under sections 302/324/337/148/149 PPC at police station Sadar Daska, District Sialkot inter alia alleging murder of his brother Muzammal Hussain by rifle shots fired at by Nisar Ahmad and Muhammad Khalid Abbas respondents in addition to causing firearm injuries to injured PWs Riasat Ali PW9' s left arm, abdomen and chest, Shahbaz PW8' s hack of head, Munawar Hussain PW 10 s right had and abdomen, Zulfiqar PW 7s chest by respondents Zulfiqar, Muhammad Afzal and Muhammad Saleem, aggrieved by the granting of bail to the respondents by the learned Addl. Sessions Judge, Sialkot vide the impugned order dated 1.11.1993 for the joint attribution opined to by S.S.P. Sialkot and unspelt out contradiction in the medical evidence with the ocular account despite acknowledging ascription of specific roles of the respondents qua the complained of injuries has recoursed to the present petition tending to seek cancellation thereof.
2. Contending that the impugned order suffers from perversity since the complainant along with all the injured PWs while deposing to the prosecution story at the trial have specifically affirmed the respondent's role.
3. Confronted therewith, learned counsel for the respondents without controverting the contention on merits submitted that conclusion of the trial being in sight the same Court should have been approached in the first place for the sought for relief and secondly the State should have preferred the move.
4. I am afraid, the contention urged by the learned counsel for the petitioner being patently borne out from the record the impugned order obviously suffers from perversity resulting into mis arriage of justice. Consequently, granting the application the same is set aside and the conferred concession of bail is hereby recalled.