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Criminal Miscellaneous No. 2701‑B of 1985, decided on 12th November, 1985.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 304‑‑Bail, grant of‑‑Rash and negligent driving, causing death‑‑Driver having no licence‑‑Prima facie, offence under section 304‑A, Penal Code proved‑‑Accused was, therefore, allowed bail.
Muhammad Aslam Virk for Petitioner
S.M. Hamid Ali for the State.
Date of hearing: 2nd November, 1985.
Petitioner is a wagon driver. He is accused of having caused the death of Hamid Ikram by rashly and negligently driving his vehicle. State counsel has contended that since the petitioner did not have licence for driving therefore, the offence would fall under section 304, P.P.C. Without prejudice to the case of either side I do not consider that the argument advanced on behalf of the State is correct. However, according to the learned counsel for the petitioner, the petitioner had a licence which has since been renewed. In view of the fact that prima facie it would be an offence under section 304‑A, P.P.C. the petitioner is allowed bail in the sum of Rs.10,000 (ten thousand) with two sureties in the like amount to the satisfaction of the A.C./Duty Magistrate, Lahore.
S.A. Bail accepted.
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