Law: Pakistan Penal Code (PPC),1860

Section: 318, 319, 320, 321, 322

Law: Code of Criminal Procedure, 1898

Section: 497, 161

Summary Riaz Hussain sought post-arrest bail in FIR No.1101/2025, registered under Section 322 PPC for a fatal bus accident in which four persons died. Although he was not named in the original FIR, he was later nominated through a supplementary statement after the bus owners disclosed during investigation that he was their driver. The Court held that the distinction between qatl-i-khata (Sections 318–320 PPC) and qatl-bis-sabab (Sections 321–322 PPC) depends upon the legality of the underlying act: a licensed driver causing death through rash/negligent driving may fall under Section 320, whereas driving without the required Public Service Vehicle (PSV) licence constitutes an unlawful act and attracts Section 322. Since the petitioner possessed an HTV licence but no PSV licence, his driving of the passenger bus was unlawful. The Court further held that Section 322 is cognizable and non-bailable, despite carrying punishment of Diyat only, and that bail could not be claimed merely as a matter of right. His later nomination was explained by the investigation and did not create sufficient ground for further inquiry. Finding prima facie involvement and extreme rash/negligent driving, the Court dismissed the post-arrest bail petition. Tagline Driving a passenger bus without the required PSV licence, resulting in deaths through rash and negligent driving, may constitute qatl-bis-sabab under Section 322 PPC; punishment by Diyat alone does not make bail a matter of right. ORDER; The petitioner (Riaz Hussain), being arrayed as an accused in case F.I.R. No. 1101 of 2025, dated 15.11.2025, registered with Police Station Saddar Shujaabad, District Multan, for offence under Section 322 of PPC, seeks his post arrest bail, after the same was refused to him by the court of learned Magistrate Section 30, Shujaabad and then by the court of learned Additional Sessions Judge, Shujaabad, vide order dated 24.06.2026. According to prosecution case as set forth in the F.I.R. sons of Muhammad Shareef (complainant) namely Muhammad Abu Bakar and Ali Hamza were proceeding on motorcycle bearing registration No.3937-MNX along with their cousin namely Yasir and a friend Muhammad…