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‑‑‑S. 497/498‑‑Penal Code (XLV of 1860), Ss.279, 338 & 304‑A‑‑Bail‑ Offence under section 304‑A, P.P.C. ‑‑Bailable‑‑Section 304, P.P.C. tagged on mala fide so that accused could not be granted bail‑‑Facts not indicating that impact of vehicle was motivated or that accused intended to cause death‑‑Bail granted.
Qurban Ali Chohan and Rasool Bux Baloch for Applicant.
S. Sarfaraz Ahmed Asstt. A.‑G. for the State.
Initially, the case was registered under sections 279, 338 and 304‑A, P.P.C. later on, that the time of submission of charge‑sheet, section 304‑A, P.P.C. was substituted by section 304, P.P.C. The contention is that, since offence under section 304‑A, P.P.C. is bailable, the other section, namely, 304, P.P.C. has been tagged on mala fide, so that the applicant is not granted bail. In any case, the facts do not indicate that the impact of the vehicle was motivated, or, that the applicant intended to cause death of the boy, who has died.
The learned Assistant Advocate‑General has also not opposed the grant of bail in this case, as section 304‑A, P.P.C. is bailable.
The applicant is granted bail in the sum of Rs.15,000 with P R and one surety in the like amount to the satisfaction of the Sessions Judge, Thatta.
M. Y. H. Bail granted.
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