Crime Case No. 151 dated 4-5-1996 stands registered at Police Station Gawalmandi, Lahore under section 322/427, P.P.C. At the instance of Muhammad Arshad complainant who got recorded therein that while driving wagon No.PRJ/4661 allegedly rashly and negligently Ahmad Khan driver (petitioner-accused) crushed to death his brother Muhammad Yousaf and injured one person who afterwards expired in the hospital. Ahmad Khan petitioner-accused is said to have hit his wagon with two other vehicles which were damaged. Ahmad Khan petitioner was arrested by the police on the same date whose bail application has been dismissed by the Additional Sessions Judge and he has filed this petition with the same desire.
2. I have heard the learned counsel for the petitioner as well as the learned State Counsel and gone through the record before me. It is a matter of common knowledge that whenever an offence of alleged rash and negligent driving resulting in death of person(s) by the drivers has been made non-bailable, the same is objected to by the transporters who observe strikes and through amendment the offence is again declared as bailable. It also happened at the time of the initial enforcement of Qisas and Diyat Ordinance, 1990 which position/provision is still holding the field. A perusal of the F.I.R has made out that there was no previous animosity between Ahmad Khan petitioner-accused on the one side and both the deceased as well as the complainant on the other side. This aspect of the matter has to steal the eminence for the purpose of the disposal of this application. It is a case of alleged rash and negligent driving by a driver which prima facie falls under section 320, Pakistan Penal Code which is bailable. Section 427, Pakistan Penal Code is also bailable. Hence this petitioner is entitled to be admitted to bail as of right as contemplated under section 496, Criminal Procedure Code.
3. I, therefore, accept this application and admit Ahmad Khan petitioner accused to bail in the sum of Rs.50,000 (rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned Sessions Judge/Duty Sessions Judge, Lahore with the direction to appear before the trial Court as and when required failing which the trial Court may cancel the bail allowed to this petitioner and may proceed afresh in accordance with law.