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Criminal Miscellaneous No. 1613/B of 1984, decided on 27th June, 1984.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 304 s 304‑A‑‑Bail, grant of‑‑Offence punishable for ten years but schedule annexed to Criminal Procedure Code not amended and continued to show offence as bailable‑ Accused also not required for further investigation‑‑Bail granted.

G.A. Farid for Petitioner.

Tanvir Ahmad Khan, Asstt. A.G. assisted by Nasim Iqbal for the State.

Date, of hearing: 27th June, 1984.

Petitioner is accused of offence under section 304, P.P.C. The allegation against him is that while driving his Bus No. 7011/FDE he drove it rashly and negligently in the thickly populated area and hit Sadiq Ali deceased, a student of 6th Class, who was waiting at the Bus Adds.

2. It is argued that case against the petitioner is covered by section 304‑A, P.P.C. which is bailable. I find the offence under section 304‑A, P.P.C. is even punishable with R.I. for ten years but there is no corresponding amendment in the Schedule annexed with Criminal Procedure Code which continues to show it as bailable. On call from this Court the learned Assistant Advocate‑General has appeared and submits that the Schedule has not been‑amended and continues to show the offence as bailable.

3. The petitioner is in custody since 15‑5‑1984 and his person is no longer required for further investigation. In the Circumstances I order his release on bail subject to his furnishing security in the sum of Rs.20,000 (Rupees twenty thousand) with one surety in the like amount to the satisfaction of the Assistant Commissioner/ Duty Magistrate, Jhang.

M. A. K. Bail granted.

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