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Criminal Miscellaneous No. 207‑B of 1985, decided on 16th February, 1985.
‑‑‑Ss. 497, 498 & 439‑‑Penal Code (XLV of 1860), S. 304/109‑‑Bail, grant of‑‑Accused while driving bus rashly and negligently ran over two persons (killed) who were going on bicycles on road‑‑Other accused, owner of bus, was Conductor of said Bus at relevant time‑‑Question whether case being one under S. 304‑A or 304, P.P.C. calling for further inquiry‑‑Accused persons having been behind bars for three months and no longer required in investigation‑‑Accused granted bail in circumstances.
M. Salim Chaudhry for Petitioners.
Muhammad Ashraf Khan for the State.
This is a petition under section 497/498, Cr. P. C. by Iqbal alias Bala and Muhammad Ashraf, petitioners, for bail in respect of a case instituted against them under section 304/109, P.P.C. at Police Station Samundari on 24‑11‑1984.
2. The prosecution case in brief is that on 24‑11‑1984 at 8‑00 a.m. Iqbal petitioner, who was driving rashly and negligently Bus No, 8544 LEH on the Gojra‑Khiddar Road, ran over Khurshid Masih and Muhammad Riaz, Labourers, who were going on their bicycles on the road at that time. It is alleged that Iqbal alias Bala, petitioner, No. 1, was driving the bus and Muhammad Ashraf, petitioner No.2, who is owner of the bus, was the conductor of the said bus at the relevant time
3. I have heard the arguments of the learned counsel for the petitioners and the State and have also perused the record. The question whether the case is one under section 304‑A or 304, P.P.C., is one which calls for further inquiry. The petitioners have been behind the bars for three months. They are no longer required in the investigation.
4. For the foregoing reasons this petition is accepted and Iqbal alias Bala and Muhammad Ashraf, petitioners, are released on bail, subject to their furnishing security in the sum of Rupees thirty thousand (Rs.30,000) each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner Samundari.
H.A.K. Bail granted.
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