Having been booked in case F.I.R No. 35/2021 dated 20.01.2021, offence under Sections 320 (converted into Section 322), 279, 427, PPC, registered at Police Station Jaleel-Abad, Multan, with the accusation of committing qatl-bis-sabab of Muhammad Yasin (son of the complainant) by rash and negligent driving and colliding the car being driven by him with the motorcycle on which the aforesaid victim was riding, the petitioner seeks pre-arrest bail from this Court on the ground of his false implication in the case alleg edly prompted by motivational considerations of the complainant.
2. Heard. Record perused.
3. According to Schedule-II of the Code of Criminal Procedure, 1898, offences under Sections 279 and 427, PPC are bailable in their nature. Punishment for qatl-bis-sabab provided under Sectio n 322, PPC is 'Diyat' only. If an accused charged under Section 322, PPC, upon pleading his guilty or his trial, is convicted accordingly , he can only be kept in confinement in case he commits default in the payment of Diyat amount. The petitioner has already joined the investigation and the Investigating Officer present in the Court concedes that he is no more required for the purpose of investigation. As such, incarceration of the petitioner during trial would amount to his punishment before conviction and sending him behind the bars is not justified. Therefore, this petition is allowed and ad-interim pre-arrest bail already granted to the petitioner by this Court vide order dated 08.04.2021 is confirmed subject to his furnishing of fresh bail bond in the sum of Rs. 100,000/-(Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court/Area Magistrate.