Find a Lawyer

Criminal Bail No.1276 of 1985, decided on 3rd November, 1985.

‑----S. 497‑‑Penal (Code (XLV of 1860), S. 304‑‑Bail, grant of‑‑Truck driven by accused colliding with truck of complainant and causing death of deceased‑‑Only fault attributed to accused being that he drove his truck with speed and on wrong side‑‑Whether accused could be saddled with knowledge to cause death of deceased, a matter calling for further inquiry‑‑Bail granted in circumstances.

Muhammad Rafiq Khanzada for Applicant.

Abdul Ghafoor Mangi, Asstt. A.‑G. for the State.

The applicant Allahdino Shah is facing trial under section 304 besides other sections of the Penal Code. The prosecution case is that the truck driven by the applicant collided with the truck driven by the complainant coming from the opposite direction. This took place near the Steel Mill. As a result, out of three persons sitting in the complainant's truck one was killed and two others received injuries.

This is basically a case of an accident in which two trucks were involved and damage is alleged to have been caused to both the trucks. However, three persons sitting in the complainant's truck sustained injuries, and subsequently one of them died of the injuries. The only fault attributed to the accused is that he drove his truck with speed and on wrong side. The question is whether by such act he could be saddled with knowledge to cause the death of the deceased. On this point the accused's case calls for further enquiry. The learned Assistant Advocate‑General who also shares the above view has no objection to grant of bail to the accused.

Accordingly the bail is allowed to the applicant in the sum of Rs.15,000 and P.R. of the same amount to the satisfaction of the trial Court.

H. A. K. Bail granted.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.