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Criminal Miscellaneous No. 153-B of 1984, decided on 21st February, 1984.

---S. 497--Penal Code (XLV of 1860), Ss. 304-A & 304--Bail, grant of--As per F.I.R. deceased died due to petitioner having driven his bus rashly and negligently--Petitioners' case, held, falling within provision of S. 304-A, P.P.C. and not under S. 304, P.P.C. in circumstances--Petitioner allowed bail.

Muhammad Bashir Khan for the Petitioner.

Atta Ullah Khan for the State.

Date of hearing: 21st February, 1984.

Syed Jafar Hussain, petitioner is accused of having killed Ghulam Akbar student, on 30-1-1984 by driving his bus No. 2894-SGA negligently and rashly near Bus-stand Kot Islam. It is alleged that Ghulam Akbar was trying to board another bus No. 6644-SGA which was standing at the aforesaid bus-stand but the petitioner passed his bus from the wrong side and hit the deceased with the main body of his bus which resulted in his instantaneous death. The police registered a case under section 304, P.P.C. and arrested the petitioner. Having remained unsuccessful before Ilaqa Magistrate as well as before Additional Sessions Judge, the petitioner has approached this Court for the grant of bail.

2. I have heard learned counsel for the petitioner as well as for the State and also perused the record.

3. It is stated in the F.I.R. in clear terms that Ghulam Akbar died due to the petitioner having driven his bus rashly and negligently, therefore, the case of the petitioner squarely falls within the provision of section 304-A, P.P.C. which is bailable. In the circumstances this petition is allowed. It is directed that the petitioner be released on bail subject to his furnishing security in the sum of Rs. 10,000 (Rupees Ten thousand only) with one surety in like amount to the satisfaction of Duty Magistrate, Kabirwala.

S.G.D. Bail granted

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