-Post-arrest bail, dismissal of--Specific allegation of hitting motorcycle of complainant with rash and negligent driving rikshaw--The petitioner is specifically named with specific......

 PLJ 2024 Cr.C. (Note) 214
[Lahore High Court, Lahore]
Present: Ali Baqar Najafi, J.
MUHAMMAD DIN--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 32486-B of 2024, decided on 13.6.2024.

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Pakistan Penal Code, (XLV of 1860), S. 322--Post-arrest bail, dismissal of--Specific allegation of hitting motorcycle of complainant with rash and negligent driving rikshaw--The petitioner is specifically named with specific allegation of hitting motorcycle of complainant with rash and negligent driving rikshaw, which had caused death of wife of complainant--The record reflects that petitioner had also absconded facing allegation of a non-bailable offence--The deceased had also sustained head injury due to collusion by rikshaw--The petitioner was recently arrested--The petitioner had a learning license, which was valid from 08th November, 2021 to 07th May, 2022 and only its photocopy was produced before police--Sufficient Material is available on record connecting petitioner with crime--The offence falls in prohibitory clause under Section 497, Cr.P.C--In these circumstances, case of petitioner is not made out for grant of bail.                                                                     [Para 2] A

Ch. Qamar Shahid Mayo, Advocate for Petitioner.

Rao Muhammad Atif Khan, DDPP for State.

Mian Izhar Ahmad, Advocate for Complainant.

Date of hearing: 13.6.2024.

Order

Muhammad Din/petitioner seeks post arrest bail in case FIR No. 6821/2023, dated 31.07.2023, under Section 322, PPC registered at police station Kahna, Lahore on the allegation that on 25.07.2023 at 07:30 p.m. complainant alongwith her wife was going to Chettowali Haveli on motorcycle where the petitioner while driving the Rickshaw recklessly hit the wife of complainant who fell on the ground and received serious injuries on her head and right leg and succumbed to the injuries on her way to the hospital. The motive is stated to be quarrel on the goat grazing in the field of the complainant, hence this FIR.

2. After hearing the learned counsel for the Petitioner, learned Deputy District Public Prosecutor assisted by the learned counsel for the complainant and perusing the record, it is straightway observed that the petitioner is specifically named with specific allegation of hitting the motorcycle of the complainant with rash and negligent driving the rikshaw, which had caused the death of the wife of the complainant. The record reflects that the petitioner had also absconded facing the allegation of a non-bailable offence. The deceased had also sustained head injury due to collusion by the rikshaw. The petitioner was recently arrested on 22.03.2024. The petitioner had a learning license, which was valid from 08th November, 2021 to 07th May, 2022 and only its photocopy was produced before the police. Sufficient Material is available on record connecting the petitioner with the crime. The offence falls in prohibitory clause under Section 497, Cr.P.C. In these circumstances, case of the petitioner is not made out for the grant of bail.

3. For what has been discussed above, the instant post arrest bail is hereby dismissed.

(A.A.K.)          Bail dismissed