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Criminal Bail Application No. 729 of 1979, decided on 7th August, 1979.
--------S. 497‑‑Penal Code (XLV of 1860), Ss. 304‑A & 304/279/377 Accused causing injuries to three persons and death of one child while driving Mini Bus‑Addition of offence under S. 304 instead of S. 304‑A not known‑Bringing of case from S. 304‑A to S. 304 requiring further enquiry‑‑As to why S. 304 applied not explained‑ Accused granted bail in circumstances of case.
Muhammad Yaseen Azad for Applicant.
Mazharul Haq, Asstt, A.‑G. for the State.
In this case, the accused, while driving his Mini Bus had caused injury, to three persons and death of one child while coming from Khyyam Cinema to Tariq Road. Bail has been refused to him, as Police had submitted challan under section 304/279/377, P.P.C. One does not know as to why section 304 has been added instead of section 304‑A which is the section for offences in respect of rash and negligent driving. It would require further enquiry to bring the case from section 304‑A to 304, P.P.C. Mr Mazharid Haq opposes the bail application as according to him, the applicant was very rash. However, I would grant bail to the accused in the sum of Rs. 20,000 with P.R. in the like amount to the satisfaction of VIII Additional Sessions Judge, Karachi, as there is no explanation as far as to why section 304, P.P.C. has been applied.
Bail granted.
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