The petitioner has sought pre-arrest bail in case FIR No, 505 dated 26.9.2008 registered u/S. 320 PPC at PS Sadar Samundari on the complaint of Muhammad Sharif with the allegation that the petitioner while driving bus No, JA/0081 rashly and negligently collided with motorcycle No, 9627/FDR as a result of which Ghulam Hussain and Faisal-ur-Rehman sustained injuries and died at the spot.
2. Learned counsel for the petitioner submits that at the most offence u/S. 320 PPC is made out, which is bailable and as to who was negligent in the accident will be determined by the learned trial Court after recording the evidence; that mala fide of the police is crystal clear that they ,are going to alter the offence u/S. 322 PPC only to make it a case of non-bailable offence, which even otherwise is not attracted to the facts and circumstances of the case, hence the petitioner may be allowed pre-arrest bail. Reliance has been placed on Syed Asif Mateen Zaidi and 3 others vs. The State (2008 P.Cr.LJ. 125 Karachi).
3. On the other hand the learned DPG assisted by the learned counsel for the complainant has stated that the petitioner did not possess PSV licence and was not authorized to drive a bus, thus offence u/S. 322 PPC is very much attracted against the petitioner, who was responsible of killing two young chaps and is not entitled for the concession of pre-arrest bail as there was no ulterior motive for false implication of the petitioner.
4. I have heard the learned counsel for the parties and perused the record. Admittedly it was a case of road accident and from the facts and circumstances of the case offence u/S. 320 PPC is prima facie attracted, which is bailable. The petitioner was having HTV hence and whether he was not authorized to drive a bus or on that account offence u/S. 322 PPC would attract is a question to be determined by the learned trial. At this stage deeper appreciation of the evidence is not allowed. Hence this application is allowed and ad interim pre-arrest bail already granted to the petitioner by this Court vide order dated 2.12.2008 is hereby confirmed subject to his furnishing fresh bail bonds in the sum of Rs, One lac with one surety in the like amount to the satisfaction of Deputy Registrar (Judi) of this Court.