2012 PLP 1702 (MLD)

SHAHID ANWAR BAJWA, J.

F.I.R. No.78 of 2011 of Police Station Matiari was recorded on 8-12-2011 at 1-00 p.m for an incident alleged to have occurred the previous day at 4-30 p.m. The complainant stated that he received information that due to Van accident his wife and children had died. The complainant reached the place of the accident and found that there was a Van which had been burnt and fire brigade was extinguishing the fire and burnt bodies were being removed from the Van by the police and the public and he came to know that at least 11 persons had died and many others had sustained injuries. Van in question was being operated through CNG. It was complained that the Van was overloaded. Passengers complained about leakage and smell of the gas but the present applicant, the driver, did not pay any heed and due to short-circuiting the fire started. The driver left the Van and escaped and fire encircled the entire Van due to which 11 people lost their lives. Learned counsel for the applicant submitted that the F.I.R. has been recorded under sections 322, 279, 285 and 287, P.P.C. He submitted that the punishment prescribed under section 322, P.P.C. is only Diyat whereas sections 279, 285 and 287, P.P.C. are bailable being punishable upto imprisonment for two years in case of section 279 and six months in other two sections. He further submitted that CNG kit is responsibility of the owner of the vehicle. Learned counsel referred to 2005 YLR 1968 (Tariq Mehmood v. State) 1998 MLD 1537 (Muhammad Nadeem v. State), 1997 MLD 1591 (Ahmed Khan v. State) and 2000 PCr.LJ 203 (Yousuf Khan v. State). Learned Additional Prosecutor-General Sindh vehemently opposed the bail application and submitted that it is a case of gross negligence wherein 11 persons have lost their lives and nine have been seriously injured. He submitted that laboratory report has certified that the CNG cylinder of the vehicle was no longer a fit cylinder. I have considered the submissions made by the learned counsel and have also gone through the record. The sections under which the applicant has been charged are either bailable and in case of section 322, P.P.C. they are punishable with Diyat only. Therefore, none of the sections fall within the prohibitory degree. As such, the applicant, as a matter of right is entitled to bail. Contention of learned Deputy Prosecutor-General Sindh that 11 persons have lost their lives and nine have been seriously injured and the cylinder was no longer in a fit condition and therefore bail should be refused, if accepted would amount to the Court putting something in the law which has not been placed by the Legislature in it. I am fully conscious of the fact that the accidents like these are very serious matters and should not be handled with kid gloves. The whole machinery of State in this regard starting from those who give fitness certificates to these vehicles and going upto-all the Regulatory Agencies, are, it appears, either winking at the problem or there is lack of full awareness of consequences of their acts of omission or commissions. It is high time that the registration agencies and the certification authorities design mechanisms to ensure that the vehicles that carry CNG cylinders, and CNG cylinders, which are a veritable piece of dynamite ready to explode at the indication of the slightest weakness whether caused by designs or mechanical creep in the walls of the cylinder etc. are really safe. Both administrative and the Legislative step should be taken for providing more stringent regime for regulating CNG based vehicles, whether public transport or private, and most stringent provisions in this regard should be considered. Be that as it may since offences with which the applicant is charged are bailalbe I have no discretion but to grant this application. Consequently, this application is allowed and the applicant is ordered to be released on bail upon his furnishing solvent surety in the sum of Rs.2,00,000 (Rupees two lacs) with P.R. Bond in the like amount to the satisfaction of the trial Court. MWA/R-12/K Bail granted.