IN THE HIGH COURT OF SINDH AT KARACHI

 

Criminal Bail Application No. 1023 of 2018

 

Muhammad Wasif……………..…..…………………...…………………..Applicant

 

Versus

 

The State………………………………………………..……………….Respondent

 

 

Date of Hearing :                       20.08.2018

 

 

Mr. Saathi M. Ishaque, advocate for applicant

Ms. Hina Jawaid, advocate for complainant

Mr. Abrar Ali, DPG for State

 

 

O R D E R

 

 

Fahim Ahmed Siddiqui, J: The applicant Muhammad Wasif is seeking post arrest bail in a case registered against him vide crime No.11/2018 at PS. Dhabeji, District Thatta under Sections 320, 322, 427, 337-G and 279 PPC.

2.                            I have heard the arguments advanced from either side and perused record / citations produced before me. From whatever submitted and placed before me regarding the instant matter, I have gathered following observations:

(a)             The allegation against the applicant is that while he along with his family was travelling on Highway and a woman (his wife) was driving the car, it collided with a rickshaw in which complainant, his brother and three of his friends were going from Karachi to Thatta.

(b)             It is worth noting that as per contents of FIR, the car was driven by a woman regarding whom the learned counsel for the complainant emphasizes that she is wife of applicant.

(c)             The woman is still an absconder and she might be wife of the applicant but for her criminal and/or negligent folly, the applicant cannot be held responsible. For her act of absconding away, the applicant’s arm-twisting cannot be allowed.

(d)             It is worth to note that complainant and five others were boarding in the rickshaw, which was going from Karachi to Thatta with intention to attend festivities at the shrine of Abdullah Shah Ashabi.

(e)             Amongst the penal sections, Section 322 is non-bailable but the punishment provided for ‘qatl-bis-sabab’ is the payment of ‘diyat’ only besides applicant may be held at the most responsible for ‘actus proximus’ while the actual culprit who is responsible for ‘actus reus’ is someone-else.

(f)              During course of arguments, it was also uttered that the efforts of compromise could not be materialized because the accused persons are not willing to fulfill demand of the complainant party. It is worth mentioning that the aim of penal laws is to punish the offenders and such punishment may be in shape of ‘diyat’. If the complainant party is seeking compensation then a better, efficient and effective course is available to them in the shape of filing a proceeding under the Fatal Accident Act.

2.                            The upshot of the above discussion is that a case of bail is made out in favour of the applicant, as such he was admitted to bail subject of furnishing a surety of Rs. 1,000,000/- (rupees one million) up to the entire satisfaction of the trial Court vide a short order dated 20-08-2018.

3.                            The above observations are entirely tentative in nature, as such the trial Court is required to proceed with the matter without bearing the same in mind and make sure that these observations would not affect the case of either side during trial.

4.                            It is further observed that if after getting bail, the applicant fails to appear during trial and will become absconded or fugitive to trial than the trial Court will be justified to take any action against the applicant and had a surety including cancellation of his bail without making a reference to this Court.

5.                            The foregoing paragraphs contain the reasons for my short order referred above.

 

                                                                                                            J U D G E