' This is an application for bail on behalf of Muhammad Waris in a case under section 302, P. P. C.
Registered at P. S. Saddar, Shahpur, vide F. I. R. No, 78, dated 25th June, 1981.
2. The prosecution case is that the petition& who was conductor of Bus No, 2245-S G gave a kick blow in the abdomen of the deceased whereby he fell down and became unconscious. As a result of injuries he died on 26th August, 1981.
3. The learned counsel for the petitioner submits that -at the worse it may be a case punishable under section 325, P. P. C. Which' does not fall within the prohibitory clause. The learned counsel for the State has opposed this application on the ground that since the knowledge can be attributed to the petitioner a case under section 304, Part II, P.P.C. Is at least made out which falls within the prohibitory clause.
4. After hearing the learned counsel for the parties, I find that the occurrence took place all of a sudden there was no previous enmity between the parties ; that the petitioner gave a kick-blow as a result of which the deceased fell down from the bus and became unconscious, that the petitioner is in jail for the last more than one year and as stated by the counsel the early disposal of the case is not in sight.
5. Without making any expression lest it may prejudice the merits of the case, I admit the petitioner to bail in the sum of Rs, 20,000 with one surety in the like amount to the satisfaction of A. C., Sargodha.