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Criminal Bail Application No. 983 of 1985, decided on, 18th August, 1985.

---S. 497--Penal Code (XLV of 1860), S. 304-A--Bail--Negligent Act- Official of Police Station after recording statements of three eye-witnesses registering case against accused under S. 304-A, Penal Code, and mentioning in first information report that case of accused came within purview of S. 304-A, Penal Code--Bail granted.

---S. 497--Penal Code (XLV of 1860), S. 304-A--Offence under S.304-A, Penal Code--Sentence enhanced to 10 year' R.I.--Schedule of Criminal Procedure Code still showing offence as bailable when in case of other offences carrying sentence of three years schedule showing same as bailable-- Attention of Government drawn to anomaly.

Muhammad Jawaid Alam for Applicant.

Abdul Ghafoor Mangi Asstt.A.-G. for the State.

Applicant Sarfraz Khan has been challaned for the offence under section 304, P.P.C. His bail application has been rejected by the learned Sessions Judge (East) Karachi.

The brief facts are that on 11-7-1985 one constable Muhammad Sarwar came at Police Station Landhi and reported that one Mazda (mini-bus) No. 861-934 hit one man who was going on cycle and his relative has removed him to Jinnah Hospital, On getting this information A.S.I. Muhammad Sarwar reached at Vardat and recorded the statements of witnesses Rauf, Navedur Rehman and Hafeezur Rehman who informed him that Driver Sarfraz Khan while driving mini-bus recklessly and negligently, injured Imran Khan who sustained grievous injuries and later died. The case was registered under section 304-A, P.P.C.

Mr. Muhammad Jawaid Alam, Advocate appearing for the applicant contended that this case was registered under section 304--A, P.P.C. after recording the statements of the witnesses but at the time of challan section 304, P.P.C. has wrongly been applied. It is, contended that section 304-A, P.P.C. is bailable and provisions of section 304, P.P.C. do not attract the present case.

Mr. Abdul Ghafoor Mangi, the learned Asstt. A.-G. has opposed the bail and argued that on 13-7-1985 one P.W. Saleem was also examined and he has stated that applicant intentionally killed the cyclist. He has argued that Drivers are deliberately and intentionally committing serious offences.

In this case A.S.I. Muhammad Sarwar of Landhi Police Station after recording the statements of three eye-witnesses registered the case under section 304-A, P.P.C. and he has also mentioned in the. F.I.R. that the case of the applicant comes within the purview off section 304-A, P.P.C. The name of P.W. Muhammad Saleem who was, examined on 13-7-1985 two days after incident does not appear in the F.I.R. In these circumstances, I am of the view that this is a fit case for bail. The applicant is admitted to bail on furnishing one surety in) the sum of Rs.50,000 and P.R. in the like amount to the satisfaction of the learned Sessions Judge (East) Karachi.

Before parting with this order, it is relevant to mention that sentence for the offence under section 304-A, P.P.C. has been enhanced to 10 years' R.I. but in schedule of Criminal Procedure Code the B offence under section 304-A, P.P.C. is still shown to be bailable and no amendment has been brought by the Government. According to schedule in other, cases where punishment is more than three years the offences are shown to be non-bailable. Such observations have also been made previously while deciding bail application. A copy of this order be sent to Home Secretary, Government of Sind.

M. Y. H. Bail granted.

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