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MUHAMMAD HANIF versus STATE


Criminal Code of Conduct (CRPC) Section 498 and the Criminal Procedure (XI V of 1860), Section 304/279/338 Guarantees, confirming applicants' cause of death while driving and negligence case Section 304 appears under A, 279. / 338, PPC [Interim Bail Certification]

1983 P Cr. L J 1823(1)

[Lahore]

Before Rustam S. Sidhwa, J

MUHAMMAD HANIF----Petitioner

Versus

THE STATE-Respondent

Criminal. Miscellaneous No. 2970/B of 1980, decided on 21st September, 1980.

Criminal Procedure Code (V of 1898)-

----S. 498 and Penal Code (XI.V of 1860), S. 304/279/338-Bail, confir mation of-Petitioner alleged to have caused death while driving rash and negligently-Case appearing to be under Ss. 304-A, 279/338, P. P. C.-[Interim bail confirmed].

Ch. Muhammad Ashraf Azeem for Petitioner.

Umar Hayat Baig for the State.

ORDER

This is a petition under section 497/498, Cr. P. C. by Muhammad Hanif, petitioner, for pre-arrest bail in respect of a case instituted against him under sections 304-A, 27.9/338, P, P. C. at Police Station Gaggoo, District Vehari, on 4th September, 1980.

2. The prosecution case against the petitioner is that whilst rashly and negligently driving his car No. LED-2095, he hit Mst. Maqsood Mai, a minor girl aged 5/6 years and caused her death.

The case apparently appears to be one under sections 304-A, 219/338. P.. P. C., all of which offences are bailable. In these circumstances, that petitioner has made out a case for bail.

3. For the foregoing reasons, this petition is accepted and the interim bail granted by me to the petitioner on 7th September, 1980, is hereby confirmed.

Anticipatory bail confirmed.

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