2018 P Cr (PLP)

SHAHID HAMEED DAR, J.

The allegation against the petitioner, Muhammad Yaqoob, as per FIR No.362/16, dated 09.12.2016, under sections 322, 279, 427, P.P.C., police station Mitha Tiwana, Khushab is that he, while driving a bus rashly and negligently, rammed it into a motorcycle, whereon two young lads Sajid Hussain, aged 16 and Majid Hussain, aged 15 were seated, killing both of them instantaneously; this incident took place at about 2:30 p.m. on 09.12.2016; the occurrence was witnessed by Ahmad Khan and Muhammad Saeed.

2. The petitioner's driving licence was sent to the Licensing Authority Khushab for verification and it was reported that it was a bogus document, having been issued only for driving motorcar(s).

3. After hearing the learned counsel for the parties and perusing the record, it is observed that the driving licence of the petitioner was found to have been toyed with and thus cancelled by the motor licensing authority Khushab. A report to this effect is available on the record, which revealed that the mentioned license had initially been issued to the petitioner for driving a motorcar, but he somehow, added the words "H.T.V. P.S.V." thereon and fraudulently changed the tenor thereof. It only indicated one thing that he drove the speedy vehicle unauthorizedly in a rash and negligent manner and killed two blossoming youths in their teens. Learned counsel for the petitioner got a couple of adjournments to approach the ill-fated souls' parents for compromise but to no avail. Learned counsel for the complainant denied it altogether that any serious efforts had been made by someone on behalf of the petitioner to compound the offence. He showed worst degree of rashness and negligence, when he drove the passenger-bus and crashed it into the motorcycle of ill-fated deceased-duo, who were real brothers inter se. It is difficult to believe that it was a simple case of rash and negligent driving.

4. The Hon'ble Supreme Court of Pakistan while dealing with an identical situation in Majid Naeem v. The State and another, reported as 2011 SCMR 1227, dismissed post-arrest bail application of Majid Naeem accused with the observation that "every act of rash or negligent driving by a person neither can be condoned nor the discretionary power of the Court can be exercised in his favour because through his act of rash and negligent driving, a man of ordinary prudent can understand the consequences of his act that a large number of people would lose their lives; such conduct of accused person has also to be kept in mind. Such act of driving in busy bazaar or in a car race where hundreds of people are present or spectators, the crushing to death of large number of persons is not just "rash or negligent" driving but would be a case of "extreme rash and extreme negligent driving." It was also observed by the Hon'ble Supreme Court of Pakistan in the said case that "At present, in view of the direct charge against the petitioner that he was driving the motorcar by taking part in the car race and the said car went out of control because of rash and negligent driving of the petitioner as alleged, resulting in death of five persons and injuries to many others and that because even the offence under section 322, P.P.C. is not bailable and grant of bail is a discretionary relief, which cannot be claimed as of right, we are of the considered view that, prima facie, because of nature of allegation levelled against the petitioner and the evidence so far collected during the investigation, the petitioner is not entitled for grant of bail."

5. Schedule II, Tabular Statement of Offence, of the Cr.P.C., Chapter XVI, Offences Affecting the Human Body, reveals that section 322, P.P.C. is an offence, which is not bailable. The petitioner's case does not call for further probe into his guilt within the scope of section 497(2), Cr.P.C.

6. Therefore, I am not inclined to accept this application, which is accordingly dismissed. WA/M-76/L Bail refused.