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Criminal Miscellaneous No. 806‑B/BWP of 1983, decided on 5th September. 1983.

---‑‑S. 497‑‑Penal Code (XLV of 1860), S. 304‑A‑‑Bail, grant of‑‑As per F .I. R. petitioner liable for causing death due to rash and negligent driving, as punishable under S. 304‑A, P.P.C.‑‑Offence being bailable, petitioner's pre‑arrest bail confirmed, in circumstance.

Malik Yar Muhammad for Petitioner.

Ahmad Mansoor for the State.

This is an application for bail on behalf of Muhammad Aslam petitioner in a case under sections 304/337, 338 and 347, P.P.C. registered at P.S. Chishtian, vide F.I.R. No. 170/83, dated 8‑7‑1983.

2. The prosecution case is that the petitioner while driving truck rashly and negligently caused the death of Barkat Ali and injuries to Bashir Ahmad.

3. Learned counsel for the petitioner submits that the allegations levelled in the F.I.R. accepted at its face value no non‑bailable offence appears to have been committed by the petitioner.

Learned counsel for the State has half‑heartedly opposed this application.

4. After hearing the learned counsel and going through the record I find that in the F.I.R. it has been stated that:

This act is thus punishable under section 304‑A, P.P.C. which is bailable. It is really unfortunate that the learned Additional Sessions Judge has refused bail to the petitioner in a bailable offence.

5. For what has been stated above, the interim pre‑arrest bail already allowed to the petitioner is, hereby, confirmed.

S. G. D. Bail confirmed.

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