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PLJ 2020 SC (Cr.C.) 208, 2020 PSC (Crl.) 501, 2020 SCMR 315

SALIH MUHAMMAD alias GHALIB vs The STATE through A.-G., Khyber

CitationPLJ 2020 SC (Cr.C.) 208, 2020 PSC (Crl.) 501, 2020 SCMR 315
CourtSupreme Court of Pakistan
Case No.Criminal Petition No. 1059 of 2019
Date2019-11-01
Judge(s)Maqbool Baqar, Mazhar Alam Khan Miankhel
ResultBail granted

QRDER MAQBOOL BAQAR, J.---As per the FIR, the complainant on 07 03.2019 witnessed an accident wherein a bus which was being driven very rashly and carelessly hit the complainant's cousin Mohammad Faraz who thus died and a student Shah Mahmood who on his way to school was injured in the accident. It is stated in the FIR that later the complainant came to know that the vehicle was being driven by Ghalib-the petitioner . The petitioner , however , was arrested on 13 March, 2019 when he surrendered before Police.

2. We have noticed that neither is it claimed in the FIR that the complainant in fact saw the petitioner driving the vehicle nor disclosed as to how he later came to know that it was being driven by the petitioner . The learned counsel for the petitioner submits that apart from the above, no material has been placed in this case so far to connect the petitioner with the bus involved in the accident. In the circumstances and keeping in view that despite the arrest of the petitioner on 13th March, 2019 who is in custody since then, even charge has not been framed by the trial Court as yet, we would therefore convert this petition into an appeal, allow the same and grant bail to the petitioner upon his furnishing surety in the sum of Rs.1,00,000/- (Rupees One Lac Only), with surety bond in the like amount to the satisfaction of the trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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