Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 320,322,279,337,427

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 320, 322, 279, 337-G & 427---Qatl-i-khata by rash or negligent driving, qatl-bis-sabab, rash driving or riding on a public way, hurt by rash or negligent driving, mischief causing damage to the amount of fifty rupees---Bail, grant of---Rule of consistency---Scope---Prosecution case was that the accused was driving the van in a rash and negligent manner; that at the same time a ten wheeler troller parked on the road side came on the road without any signal or indicator; that the van collided with the troller and the accident culminated into the death of seven persons while leaving behind thirteen others as injured---Cause of accident was the careless approach of the truck driver---No statement of passengers boarding the van was available on record from which it could even remotely insinuate that the accused driver was fast and reckless---Accused was lodged in jail due to offence under S. 322, P.P.C. as the rest of the provisions were bailable in nature---Section 322, P.P.C. did not attract the prohibition contained in S. 497, Cr.P.C.---Driver of the troller who was the main person responsible for the accident was released on bail by the Magistrate, thus on the principle of consistency the petitioner was also entitled to the similar treatment---Petition for grant of bail was accepted, in circumstances. Tariq Mahmood v. State 2005 YLR 1968; Aamir v. The State 2006 PCr.LJ 1236; Ramesh v. The State 2012 MLD 1702 and Zia-ur-Rehman v. The State 2018 YLR 1810 ref. Muhammad Nadeem v. State 1998 MLD 1537 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497--- Penal Code (XLV of 1860), S. 322---Qatl-bis-sabab---Bail---Scope---Punishment for S. 322, P.P.C. is made punishable by the Legislature through diyat only, the value of which is mentioned in S. 323, P.P.C. as 30630 grams of silver---Section 322, P.P.C. is not made punishable with some imprisonment and in Second Schedule of Code of Criminal Procedure, 1898 it is shown as non-bailable, hence the provision of S. 322, P.P.C. is to be treated as not attracting the prohibitory clause of S. 497, Cr.P.C. (c) Interpretation of…

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