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Criminal Bail Application No. 326 of 1986, decided on 13th March, 1986.
‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 304/379/337 & 304‑A‑‑Bail‑ Case against accused relating to rash and negligent driving punishable under section 304‑A, Penal Code, and it was yet to be determined if evidence to be adduced by prosecution would bring case within four corners of S.304, Penal Code‑‑Bail not opposed by State counsel‑‑Bail granted.
S.M. Sayedain Zaidi for Applicant.
Abdul Ghafoor Mangi, A.A.‑G. for the State.
This is a bail application made on behalf of the applicant Rizwanullah who is facing trial under section 304/379/337, P.P.C. The prosecution case against him is that on 16‑8‑1385 he was driving mini-bus rashly and negligently as a result of which he caused the death of a girl Zakia aged 3/4 years and injured another girl Bakht Sawar aged 5/6 years. It is disclosed that both the girls were crossing the road when they were hit by the speeding mini‑bus.
Obviously this case relates to rash and negligent driving which is punishable under section 304‑A, P.P.C. It is yet to be determined if the evidence to be adduced by the prosecution brings the case within the four corners of section 304, P.P.C. The learned A.A.‑G. has no objection to bail.
Bail is allowed to the applicant in the sum of Rs.20,000 (Rupees twenty thousand only) and P.R. of the same amount to the satisfaction of the trial Court.
M.Y.H. Bail granted.
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