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Criminal Bail Application No.1390 of 1976, decided on 10th January, 1977.
‑‑‑S.497‑‑Penal Code (XLV of 1860), Ss.279, 304, 337, 338 & 427‑‑Bail, grant of‑‑Accused driving passenger bus rammed it into a stationary bus, killing four persons‑‑ Case in absence of mens rea, held, would be that of rash and negligent act falling under S.304‑A, and not S.304, P . P. C . ‑‑Bail allowed in circumstances.
Muhammad Ibrahim Abbasi for Applicant.
Abdul Sattar Shaikh, Asstt. A.‑G. for the State.
The applicant, who is alleged to be a cleaner of a bus, has been challaned for offences under sections 304, 337, 338, 427 and 279, P. P. C., for allegedly driving a passenger bus dangerously and recklessly and ramming his bus into a stationary bus, with the result that 4 persons died as a result of the impact.
2. Mr. Muhammad Ibrahim Abbasi, the learned counsel for the applicant, submitted that this is not a case which falls under section 304, P.P.C. as the requisite mens rea is missing, and at most this would be a case of rash and negligent act falling under section 304‑A, P.P.C., which offence is bailable. The contention of the learned counsel does not appear to be without force. The learned Asstt. A.‑G., who appears for the State, does not oppose the grant of the application. The bail application is accordingly allowed and accused is ordered to be released on bail, on his furnishing P.R. bond in the sum of Rs.5,000 with one surety in the like amount to the satisfaction of the learned IInd Additional Sessions Judge, Sukkur.
S.A. Bail allowed.
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