ALI HASSAN vs State S — 2023 MLD 107 LAHORE-HIGH-COURT-LAHORE

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ALI HASSAN VS State S. 498---Penal Code (XLV of 1860), Ss. 337-F(i), 337-F(v), 337-G, 336, 334 & 279---Ghayr-jaifah-mudihah, ghayr-jaifah-hashimah, ghayr-jaifah-hashimah, itlaf-i-udw, rash driving or riding on a public way---Pre-arrest bail, grant of---Accused was charged for driving improvised vehicle negligently, hitting the son of complainant, as a result, he was grievously injured and his right leg had to be amputated---Petitioner was driving an improvised vehicle to transport a concrete mixer---Victim had got his statement recorded under S. 161, Cr.P.C., to the effect that he was driving it negligently---Inasmuch as an accident took place and victim was injured, S. 337-G, P.P.C., would apply---Offence under S. 337-G, P.P.C., was punishable with arsh or daman specified for the kind of hurt caused and might also be punished with imprisonment of either description for a term which might be extended to five years as ta'zir---Section 337-G, P.P.C., so far as the sentence of imprisonment was concerned---Section 337-G, P.P.C. did not say that the offender would also be liable to imprisonment provided for the hurt caused---Addition of Ss. 334, 336, 337-F(i) & 337-F(v), P.P.C., in the FIR was inapt and unwarranted---Prosecutor contended that the petitioner could not take the benefit of S. 337-G, P.P.C., because his vehicle was improvised and, more importantly, he had no license to drive the same---Such contention deserved a short shrift because the said section did not make any such distinction---Said act might constitute a breach of some other law---If so, the petitioner would face the consequences stipulated in that statute---According to the Sched-II to the Cr.P.C, the offence under S. 337-G, P.P.C., was bailable, therefore, petition was accepted and ad-interim pre-arrest bail already granted to the petitioner was confirmed, in circumstances.

ALI HASSAN vs State S — 2023 MLD 107 LAHORE-HIGH-COURT-LAHORE

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