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Bail Application No. 1097 of 1985, decided on 12th September, 1985.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 304‑‑Bail, grant of‑‑Accident case‑‑No mens rea attributed‑‑Driver found to be driving truck in accordance with rules of road‑‑Whether he was so negligent and careless in driving that he must have known that he would cause death of some one, on road, held, was matter of further enquiry‑‑Bail granted in circumstances.
Muhammad Rafiq v. The State 1983 P Cr. L J 2039 rel.
Abdul Qayoom Shaikh for Applicant.
Abdul Ghafoor Mangi, A.A.‑G. for the State.
The applicant Muhammad Yousuf Baloch is alleged to have been driving a Truck No. 810‑817 on Hasan Ali Mir Muhammad Road near Khatri Colony, Karachi, on 28‑8‑1985, when it ran over a boy crossing the road and the boy died at the spot. On getting the news of the incident S.I. Naseer Ahmad of Kalakot Police Station, inspected the site, recorded statements of some witnesses and then registered the case under section 304, P.P.C. The applicant had disappeared end he was apprehended on 30‑8‑1985. After dismissal of his bail application by a learned Additional Sessions Judge (Souht), Karachi by order, dated 2‑9‑1985. this application has been filed in this Court.
The learned counsel for the applicant has urged that the case is of a road accident and no mens rea is attributable to the applicant for causing death of the deceased. According to him, the offence would, at the most, fall under section 304‑A, P.P.C. He has placed reliance on a case Muhammad Rafiq v. The State 1983 P Cr. L J 2039, wherein bail was granted in a case of identical nature. The learned A.A.‑G. concedes to the grant of bail on the consideration that the site plan shows that the driver of the Truck was driving the Truck in accordance with the rules of the road and it is a matter of further enquiry whether he was so negligent and careless in driving the Truck that he must have known that he would cause death of someone on road. Bail is granted in the sum of Rs.20,000 with one surety and P.R. in the like sum to the satisfaction of the Sessions Judge, Karachi (South).
S.A. Bail accepted.
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