MUHAMMAD SHAKEEL AHMED vs THE STATE

ORDER

' The petitioner, Muhammad Shakeel Ahmed, is seeking post arrest bail in case F.I.R. No,28, dated 25-3-1999, registered at Police Station, Muslim Town, Lahore, for the offence under section 322, P.P.C., at the instance of complainant, Dr. Fayyaz Ahmed Qureshi, for an occurrence of the previous night in which the brother of the complainant, Mansoor Ahmed Qureshi, got killed in a road accident due to the rash and negligent driving of the motorcycles by the petitioner and the other co-accused. In the same incident one of the accused, namely, Muhammad Imfan also suffered injuries and died later on in the hospital.

2. The petitioner was arrested on 16-4-1999. He was granted post arrest bail by the Magistrate Section 30, Lahore on 17-4-1999. His bail was cancelled by the Additional Sessions Judge, Lahore, on 26-5-1999 on the petition for the cancellation of bail moved by the complainant.

3. The investigation is complete and the petitioner has been found guilty in the investigation. One of the co-accused, namely, Suhail Ahmed, is still absconding.

4. I have heard the learned counsel for the petitioner, the State, the complainant and have also seen the record.

5. The bail granted to the petitioner by the Magistrate Section 30,' Lahore was cancelled by the Additional Sessions Judge, on the asking of the complainant. The complainant was, therefore, impleaoed as a party by this Court, in this petition on 21-6-1999, and was issued notice. The complainant is present in Court, duly identified by his learned counsel, and has stated that he does not oppose this petition and has no objection to the grant of bail to the petitioner as the petitioner's parents have beseeched the complainant and the other family members of the deceased. Learned counsel for the petitioner besides his reliance on the non-opposition to the grant of bail by the complainant, has also argued that section 322, P.P.C. Is punishable only with 'diyat' and, therefore, the petitioner is entitled to the grant of bail and furthermore, as it is an accident case, therefore, the offence, as alleged against the petitioner, does not fall within the four corners of offence of section 322, P.P.C. And is punishable under section 320, P.P.C., which is bailable. It has also been argued that the petitioner is a student of B.Com. (Part II) of Punjab College of Commerce and his confinement in Jail will seriously disturb his studies. The contentions have been opposed by the learned counsel for the State who has submitted that the petitioner has been found guilty in the investigation and due to the rashness of the petitioner the victim of the accident has died and, therefore, the petitioner is not entitled to the grant of bail.

6. The to the petitioner by the Magistrate Section 30, Lahore, was cancelled by the Additional Sessions Judge, Lahore, on the asking of the complainant.The complainant is not opposing the grant of bail to the petitioner now. The petitioner had a licence for driving motorcycle and, therefore, prima facie, the offence as alleged against him falls within the provisions of section 320, P.P.C. In the circumstances, application is allowed and the petitioner is granted bail subject to his furnishing bail bond in the sum of Rs,100,000 with one surety in the like amount, to the satisfaction of the Deputy Registrar (Judicial) of this Court.