AMEER HASSAN vs State S — 2022 PCrLJN 40 KARACHI-HIGH-COURT-SINDH

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AMEER HASSAN VS State S. 497, third proviso---Penal Code (XLV of 1860), Ss. 320, 337-G, 427 & 279---Qatl-i-khata for rash and negligent driving, hurt by rash and negligent driving, mischief causing damage to the amount of fifty rupees, rash driving or riding on public road---Bail, grant of---Further inquiry---Sections 320, 337-G, 427 & 279, P.P.C., were bailable, whereas, S. 322, P.P.C., though non-bailable, yet was not punishable with any period of imprisonment besides payment of diyat---Questions whether the punishment of payment of diyat amount would bring the case of the accused within the compass of the prohibitory clause attached to S. 497(1), Cr.P.C. or whether S. 322, P.P.C., would be applicable in the present case and whether punishment of payment of Diyat would correspond to sentence of imprisonment exceeding seven (7) years or more were yet to be determined---One could not be kept in jail or sent to jail for a matter, which still required further probe as to whether it was an offence of qatl-e-khata/qatl-e-bis-sabab' or intentional act of the accused---Accused charged in such like situation would be entitled to concession of bail under S. 497(2), Cr.P.C., on the point of further inquiry---Interim bail already granted to accused was confirmed, in circumstances.

AMEER HASSAN vs State S — 2022 PCrLJN 40 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported