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1986 P Cr. L J 466

ALLAHDINO SHAH vs THE STATE

Citation1986 P Cr. L J 466
CourtSindh High Court
Case No.Criminal Bail No.1276 of 1985
Date1985-11-02
Judge(s)Munawar Ali Khan
ResultBail granted

ORDER

1. The applicant Allahdino Shah is facing trial under section 304 besides other sections of the Penal Code. The prosecution case is that the truck driven by the applicant collided with the truck driven by the complainant coming from the opposite direction. This took place near the Steel Mill. As a result, out of three persons sitting in the complainant's truck one was killed and two others received injuries.

2. This is basically a case of an accident in which two trucks were involved and damage is alleged to have been caused to both the trucks. However, three persons sitting in the complainant's truck sustained injuries, and subsequently one of them died of the injuries. The only fault attributed to the accused is that he drove his truck with speed and on wrong side. The question is whether by such act he could be saddled with knowledge to cause the death of the deceased. On this point the accused's case calls for further enquiry. The learned Assistant Advocate-General who also shares the above view has no objection to grant of bail to the accused.

3. Accordingly the bail is allowed to the applicant in the sum of Rs.15,000 and P.R. Of the same amount to the satisfaction of the trial Court.

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