| Citation(s) |
|---|
| 2026 SLG 1517 2026 SLD 1517 = 2026 SCP 79 |
Supreme Court of Pakistan
Crl.P.L.A. NO. 215 OF 2026 Against the order dated 28.01.2026 passed by the Lahore High Court, Lahore in Crl. Misc.No.74824-B of 2025
Presented By: Mr. Justice Jamal Khan Mandokhail Mr. Justice Shahid Waheed Mr. Justice Irfan Saadat Khan
Ch. Muhammad Ishtiaq, ASC
Crl.P.L.A. NO. 215 OF 2026 Against the order dated 28.01.2026 passed by the Lahore High Court, Lahore in Crl. Misc.No.74824-B of 2025
Presented By: Mr. Justice Jamal Khan Mandokhail Mr. Justice Shahid Waheed Mr. Justice Irfan Saadat Khan
Ch. Muhammad Ishtiaq, ASC
Faryad Ahmed
VERSUS
...Petitioner(s) Versus The State through Prosecutor General, Punjab and. another ....Respondents
Law: Pakistan Penal Code, 1860
Section: 322,337-G,279
Summary: The petitioner, Faryad Ahmed, sought pre-arrest bail in FIR No. 697/2025 (15.11.2025) for alleged rash and negligent driving of a Mazda Coaster causing the deaths of three persons. Lower courts had dismissed earlier bail applications, but the High Court converted this petition into an appeal and granted pre-arrest bail (subject to bonds of Rs.100,000 with one surety) because the I.O. conceded no further investigation was required, the offence under Section 322 PPC attracts diyat only, and Section 279 PPC is bailable; hence the petitioner was not needed for further inquiry. Observations were held tentative and without prejudice to trial. Core points: FIR registered 15.11.2025 at PS Saddar Shakargarh (FIR No. 697/2025) for offences under Sections 322, 337-G, and 279 PPC. Incident: Mazda Coaster allegedly drove rashly and hit a motorcycle near Chamahal Mor; three occupants later died. Petitioner named in application: Faryad Ahmed; earlier interim bail granted then recalled by Additional Sessions Judge (09.12.2025). High Court dismissed Criminal Misc. 74824-B of 2025 (28.01.2026) before this petition. I.O. conceded petitioner is not required for further investigation or inquiry. Allegation of a fake driving license raised; counsel argued that offence for fake license is bailable/separate. Legal assessment: Section 322 PPC entails diyat only; Section 279 PPC is bailable. Court’s decision: Petition converted into an appeal; pre-arrest bail granted subject to bail bonds Rs.100,000 and one surety of like amount. Observations in the order are tentative and without prejudice to trial. Law and sections Section (PPC) Short description (offence) Punishment / Legal effect Note from the order Section 322 Causing death by causing hurt (diyat liability) Offence attracts diyat (financial compensation) rather than fixed imprisonment in ordinary cases; penal consequences are primarily civil (diyat) as provided under Section 322 of PPC. The court recorded that Section 322 entails diyat only, and used that to weigh bail in favour of the petitioner mis.ihc.gov. Section 337-G Causing hurt by dangerous weapons or means (specific proviso) Punishment for grievous…