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Criminal Bail Application No. 937 of 1985, decided on 20th August. 1985.
‑‑S. 497‑‑Penal Code (XLV of 1860), S 304‑‑Bail‑‑Accused causing death of an innocent child of seven years by negligently driving a truck‑‑Statements of witnesses at investigation stage making it clear that accused was negligently driving truck knowing that his act would cause death of someone‑‑Case registered against accused (driver) under S. 304, Penal Code, but evidence not recorded‑‑Whether accused would be responsible for an offence under S. 304 or 304‑A Penal Code, yet to be seen‑‑Bail ‑refused.
Ameer Ahmad Khan for Applicant.
Abdul Ghafoor Mangi, Asstt. A.‑G. for the State.
This is an application for bail on behalf of Mutwalli in a case registered under section 304 P.P.C.
The allegation against the applicant is that he caused death of seven years child Rais Khan while driving his truck.
Mr. Ameer Ahmad Khan, the learned counsel for the applicant has argued that offence would fall under section 304‑A, P.P.C. and not under section 304, P.P. C. as applicant had no intention to kill the minor boy: He referred to the cases reported in 1985 P Cr. L J 293 and 1984 P Cr. L J 2291.
Mr. Abdul Ghafoor Mangi, the learned A. A.‑G. has opposed the bail and submitted that the case against the applicant has been registered under section 304, P.P.C. at Bughdadi Police Station and applicant was caught on the spot.
From the statements of the witnesses at the investigation stage, it is clear that applicant was negligently driving the truck knowing that this act will cause death of someone and has actually killed an innocent child of seven years old. The case has been registered under section 304, P.P.C. and evidence has riot yet been recorded. Therefore, it is too early to say that applicant is responsible for the offence under section 304‑A, P.P.C. Even otherwise punishment provided under section 304‑A, P.P.C. is 10 years and inadvertently schedule has not been amended and it is shown as bailable offence otherwise the intention of law is clear. Moreover the offences under other laws punishable more than three years are non bailable as per schedule.
For the reasons, stated above, I am of the view that this is not a fit case for bail. Application is dismissed.
M. Y. H. Bail refused.
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