| Citation(s) |
|---|
| 2020 SLG 386 2020 SLD 386 2020 SCMR 315 |
Supreme Court of Pakistan
Criminal Petition No. 1059 of 2019, decision & hearing Dated: 01-11-2019. (On appeal from the judgment Dated 6.5.2019 passed by the Peshawar High Court, Peshawar in Crl. Misc. No. 894/P of 2019)
MAQBOOL BAQAR, JUSTICE MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Petitioner(s) by: Arshad Hussain Yousafzai, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record
Respondent(s) by: Anis M. Shahzad, State Counsel and Khalil ur Rehman, I.O.
Criminal Petition No. 1059 of 2019, decision & hearing Dated: 01-11-2019. (On appeal from the judgment Dated 6.5.2019 passed by the Peshawar High Court, Peshawar in Crl. Misc. No. 894/P of 2019)
MAQBOOL BAQAR, JUSTICE MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Petitioner(s) by: Arshad Hussain Yousafzai, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record
Respondent(s) by: Anis M. Shahzad, State Counsel and Khalil ur Rehman, I.O.
SALIH MUHAMMAD ALIAS GHALIB
VS
THE STATE THROUGH A.G., KHYBER PAKHTUNKHWA AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Pakistan Penal Code, 1860
Section: 320
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 320---Qatl-i-khita by rash or negligent driving---Bail, grant of---According to the FIR, the complainant alleged that he witnessed an accident wherein a bus which was being driven very rashly and carelessly hit the complainant's cousin who died and a student was also injured in the accident---Neither was it claimed in the FIR that the complainant in fact saw the accused driving the vehicle nor disclosed as to how he later came to know that it was being driven by the accused---Despite the arrest of the accused who was in custody since about seven and a half months, no charge against him had been framed by the Trial Court as yet---Accused was granted bail in circumstances. THIS ORDER PASSED BY: MAQBOOL BAQAR, J.--- As per the FIR, the complainant on 07 03.2019 witnessed an accident wherein a bus which was being driven very rashly and carelessly hit the complainant's cousin Mohammad Faraz who thus died and a student Shah Mahmood who on his way to school was injured in the accident. It is stated in the FIR that later the complainant came to know that the vehicle was being driven by Ghalib-the petitioner. The…
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