Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 279,322,427

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 322, 279 & 427---Qatl-bis-sabab, rash driving or riding on public way, mischief causing damage to the amount of fifty rupees---Bail, refusal of---Complainant alleged that accused while driving a bus rashly and negligently, rammed it into a motorcycle whereon two young lads were killed---Driving license of accused was found tampered with and thus cancelled by motor licensing authority---Accused drove speedy vehicle unauthorizedly in a rash and negligent manner and killed two youths in their teens---Counsel for accused had already taken couple of adjournments to approach the parents of deceased for compromise but to no avail---Accused had show worst degree of rashness and negligence when he drove the passenger-bus and crashed it into the motorcycle of deceased-duo who were real brothers inter se---Accused's case did not call for further probe into his guilt within the scope of S. 497(2), Cr.P.C.---Bail was refused accordingly. Majid Naeem v. The State and another 2011 SCMR 1227 rel. THIS ORDER PASSED BY: SHAHID HAMEED DAR, J.--- The allegation against the petitioner, Muhammad Yaqoob, as per FIR No.362/16, dated 09.12.2016, under sections 322, 279, 427, P.P.C., police station Mitha Tiwana, Khushab is that he, while driving a bus rashly and negligently, rammed it into a motorcycle, whereon two young lads Sajid Hussain, aged 16 and Majid Hussain, aged 15 were seated, killing both of them instantaneously; this incident took place at about 2:30 p.m. on 09.12.2016; the occurrence was witnessed by Ahmad Khan and Muhammad Saeed. 2. The petitioner's driving licence was sent to the Licensing Authority Khushab for verification and it was reported that it was a bogus document, having been issued only for driving motorcar(s). 3. After hearing the learned counsel for the parties and perusing the record, it is observed that the driving licence of the petitioner was found to have been toyed with and thus cancelled by the motor licensing authority Khushab. A report to this effect is available on the record, which revealed that the mentioned license had initially been issued to the petitioner for…

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