1989 P Cr (PLP)

Abdul Aziz Khan Niazi for Petitioner. Nemo for the State. This is a petition for grant of bail in a case registered vide F.I.R. No. 24/89, dated 4‑2‑1989 under section 304, P.P.C. at Police Station Qadirpur Rawan, Tehsil and District Multan.

2. The allegation made against the petitioner is that he pushed Abdul Sattar deceased out of the bus who fell down and on the petitioner's signal, the driver drove the vehicle ahead crushing the deceased underneath the hind tyre of bus. 3. 1 have heard the learned counsel for the petitioner. The learned counsel contends that the petitioner was merely guilty of rash and negligent act and that the offence falls under section 304‑A and not 304, P.P.C. He further submits that the deceased tried to get into the bus through a window and the conductor was even justified to push him out.

4. It is not for this Court to determine, at this stage, whether the offence in the present case falls under section 304 or 304‑A of the P.P.C. This question shall be attended to by the trial Court after recording the evidence. A perusal of the F.I.R. shows that Abdul Sattar deceased was accompanied by Sajad Hussain complainant, Muhammad Anwar and Muhammad Rafiq. The said three persons managed to get into the bus but probably due to rush, the deceased could not. He tried to enter the bus through the window, whereupon the petitioner told him to get down saying that the passengers would not be allowed to get down at a distance of 12 miles. The complainant and the P. Ws. are said to have told the petitioner to drop them at Kabirwala but he started pushing Abdul Sattar deceased. Evidently, the deceased was trying to get into the bus through a window and not the proper door of the bus and was partly responsible for the ensuing tragedy. May be the petitioner merely told him not to enter the bus from the window and pushed him to get down. After Abdul Sattar deceased fell down, it was not possible for the petitioner to see as to whether a part of his body had come somewhere near the tyre. Presuming that the intruder had been pushed out, the petitioner signalled the driver to move ahead. In these circumstances, even if the petitioner is burdened with the knowledge that his act was likely to cause death without any intention to cause death, he would not deserve maximum punishment provided under section 304, Part II, P.P.C. The offence would, therefore, go out of the prohibition of section 497 of the Cr. P. C. as held in Amir v. The State 1973 P Cr. L J 205.

5. For the foregoing reasons, I accept this application and allow bail to the petitioner subject to his furnishing bond in the sum of Rs. 20,000 with one surety m the like amount to the satisfaction of the A.C./Duty Magistrate, Multan. SA./M‑1337/L Bail granted.