2017 P Cr (PLP)

MAZHAR IQBAL SIDHU, J.

Petitioner after having been involved in a case registered vide FIR No. 135 dated 14.04.2016 under sections 322, 337-G, P.P.C. at Police Station Qaid Abad, District Khushab on the statement of Muhammad Moajiz Noma has impetrated the grant of bail.

2. Partway, investigation vide police case diary No.410 dated 04.06.2016 offence under section 279, P.P.C. was also added to the FIR.

3. Teresely complainant configured the incident that on woeful day of incident i.e 14.04.2016 at about 4.00 p.m his brother Zubda-tul-Asfia deceased along with Zia-ul-Mustafa and his better half Mst. Samrena Zia, both were the pillion riders on the bike driven by the deceased proceeded to Sheikhu and when reached Khelanwala main road, from the opposite side Toyota Hi-Ace bearing No.4908-IDE being driven by unknown driver in a rash and negligent way struck against the said motorcycle resulted in death of Zubda-tul-Asfia while Zia-ul -Mustafa and Samreena Zia sustained serious injuries. The said unacquainted driver disappeared by leaving the vehicle there.

4. During the investigation, Muhammad Akram alias Nawabi was nominated as driver on 22.04.2016 but was found innocent. It transpired during the investigation that on the fateful day petitioner was driving the vehicle and was apprehended on 04.06.2016 on the dismissal of his pre-arrest bail.

5. Unto the acceptance of this petition, it has been submitted that petitioner was not nominated in the FIR, was not seen by anybody driving the vehicle, the named accused for the first time Muhammad Akram alias Nawabi has been declared innocent; except offence under section 322, P.P.C. remaining are bailable and the same does not provide any servitude but the payment of amount of diyat is provided to the legal heirs of the deceased if the case is proved; petitioner is in Jail since 04.06.2016 and is no more required for this purpose. Therefore, application may be accepted by placing reliance on precedental law to scintillate the arguments.

6. Learned D.D.P.P assisted by the learned counsel for the complainant has opposed the submissions by impetuosity arguing that statement under section 154, Cr.P.C. may not be encyclopedic particularly in case of roadside accidents driver remains unknown to the victims but if is found culprit by collecting tangible evidence then it does not make any difference. It has also been submitted that from the wagon stand, wherefrom the vehicle started journey statements of certain persons were recorded under section 161, Cr.P.C. proving prima-facie that the petitioner drove, vehicle on the day of incident; during the investigation he has also been found guilty lame lighting no valid driving license of the petitioner.

7. Learned counsel for the complainant has supplemented the arguments of learned D.D.P.P. by referring the statement of injured PWs Zia-ul-Mustafa and Samreena Zia who have received serious injuries and offence under section 322, P.P.C. is not bailable as per Schedule-II Code of Criminal Procedure 1898. He has also submitted that the arguments of learned counsel for the petitioner necessarily persuade the Court to delve deep in merits but the same exercise cannot be permitted at the bail stage.

8. Tri-partite arguments heard. Record perused.

9. Admittedly the petitioner was not nominated in the FIR, Akram alias Nawabi was nominated on 22.04.2016 as an accused driver but it transpired during the investigation that he did not drive the vehicle at the relevant time. Investigating Officer continued to collect the evidence to know about this fact then certain persons appeared from the wagon stand whose statements are available on the file recorded under section 161, Cr.P.C. establishing that petitioner was driving the vehicle at the time of incident. As per allegation of the FIR, the vehicle struck against the victims' party from opposite side who were on the motor-cycle. Zubda-tul-Asfia died on the way to hospital while Ghulam Mustafa and Samreena Zia suffered from serious wounds. It has been explored during the investigation that petitioner has no valid driving license. It is a common phenomenon that drivers drive the vehicle rashly and negligently with competitive ways against other vehicles. Innocent passengers remain at stake of their lives. It is very unfortunate that the drivers do not observe road safety measures and traffic laws while driving they bother none and being road hogs play with the lives of innocent persons. Families of innocent passengers suffer from irreparable losses by roadside accidents. As the drivers commenced driving become mousey and insouciant having not in their minds of carrying/transporting sacred human lives to their destinations. Drivers are noticed recusants to traffic laws and road safety. In the present era they have been noticed carnivorous as daily it is noticed that on account of roadside incidents umber of passengers lost their lives and some sustained serious injuries, then spend their remaining lives as being disabled by their organs. Innocent passengers have nothing to do with the alleged roadside incidents. On account of heavy losses of lives of innocent persons it's now a just time to deal with such like cases by admonitory, drivers are obliged to drive by all care and cautions observing the driving laws and road safety measures, overtaking or crossing the vehicles should deliberately be remained with extra care so that each driver had to strive to save his own vehicle and the passengers and also the others. Now-a-days roadside incidents are on the increase amongst other causes are rash and reckless driving, drivers start racing to beat others, mostly on turning points or at the points from where they had to pick the passengers. The journey has become risky and sometimes horrendous accidents occur leaving fatalities.

10. Inter alia some suggestions are offered to make the journey safe. i. Police check-posts should be set up at small distances beside the roads. ii. Surprise raids should be made on the running buses. iii. Licenses of the drivers who are in the habit of rash driving should be cancelled in a trice and if the bus companies neglect the warning, so made their route permits should be discontinued. iv. The public should also co-operate with the Government for the enforcement of traffic laws. Passengers should enforce the drivers not to exceed the speed limit. They should refuse to travel by the buses which do not observe traffic laws. This can do much in this respect. v. Periodically complete medical checkup of the drivers should be undergone. vi. Errant drivers shall not be permitted to drive the vehicles. vii. Rules and regulations should be strictly followed by the licensing Authorities to issue the same. viii. Use of mobile telephones should strictly be prohibited. ix. Examinations of the vehicle should also be undertaken by the competent Authorities to provide a certificate to ply the same and this process may be continued duratively. x. Overloading of passengers or of goods should strictly be controlled. xi. To control the over speeding speed, speed breakers, rumble strips, road markings, traffic signs and roundabouts be made. xii. Speed mongering, monarchy and unconscious emotional drive should stringently be controlled by modern devices. xiii. Amounts of fines in traffic laws infringement may relatively be enhanced.

11. Hardly a day passes without the national newspapers, on electronic media, reporting news of deaths of men, women and children in fatal roadside accidents, cause irreparable loss to their families. The offence under section 322, P.P.C. is not bailable though does not provide imprisonment but not implying it bailable. Now it is need of the time to provide fast and safe journey to the passengers, the Court is not dubitative after deliberating over the material that the petitioner was not holding a driving license and the law is not limpy in its authority to let loose misfeasances, thus motifly instant petition has no force to accept, therefore, the same stands dismissed. JK/S-18/L Bail declined.