ORDER SHEET
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ORDER WITH SIGNATURE OF JUDGE
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For hearing.
10.10.2007.
Mr. Muhammad Nawaz for applicants.
Mr. Haji Abdul Majeed State counsel.
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The applicants have applied for pre arrest bail under section 498 Cr.P.C in Crime No. 97/2007 under Section 319/322/34 P.P.C, registered at P.S. Shah Latif Town, they were admitted on interim Pre-Arrest bail vide order dated 28.9.2004 which has now come up for conformation or otherwise.
The allegations contained in the First Information Report are that during the course of performance of subcontract awarded to M/S Railcop Pakistan Railway engaged in the construction and supervision of Fly over project in Pakistan Steel Mill, dug a hole on the main road affixed two inch iron pipe without any reflection tape, rotary light or other indication so as to caution motorcycle riders and motorcyclists during night time. The complainant’s son on 2nd March 2007 was riding on motorcycle during night hours could not see the pipes dashed, fell in the hole sustained injuries which turned out to be fatal. First information report was registered under section 319 PPC in which the Chairman Pakistan Steel Mill, Project Director Railcop Pakistan Railway along with applicants were involved. The offence under Section 319 PPC being bailable the applicants were admitted on pre arrest bail by the trial Court, subsequently the offence was converted to Section 322 in the final challan.
Concession of bail granted to the applicants was withdrawn, bail application filed for Pre-Arrest bail was dismissed.
Learned counsel contends that the final challan presented does not refer to any material having been collected on the basis of investigation in place to the original allegation contained in the FIR section 322 has been added with the sheer object to make out none bailable offence. It is next urged that in Cr. Bail Application No. 873/2007 this Court has confirmed the Pre-Arrest bail granted to the co-accused vide order dated 8.10.2007 the case of the present applicants is at par to the co-accused already admitted on Pre-Arrest bail therefore applicants are also entitled to the same concession.
Learned State counsel has conceded to the grant of Pre-Arrest bail in favour of the applicants.
Taking into consideration the principle of consistency, the applicants are also admitted on Pre-Arrest bail on the same terms and conditions as are contained in interim pre arrest order.
J U D G E
ORDER SHEET
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ORDER WITH SIGNATURE OF JUDGE
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1) For orders on M.A. No. 4310/2007.
2) For hearing.
28.9.2007.
Mr. Muhammad Nawaz along with applicants present in person.
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1) Granted subject to all just exceptions.
2) It is inter-alia contended by the learned counsel for applicants that the First Information Report has been proceeded against the applicants as they are employees of Railcop Pakistan were engaged in the construction and supervision of Fly over project. It is urged that initially the First Information Report was lodged under Section 319 PPC subsequent thereof investigating officer has altered the charge added Section 322 PPC by bringing the case against the applicants within the purview of clause contained under Section 497 Cr.P.C thus a clear edifice was built with malafide object to involve the applicants in the commission of non bailable offence and to bring the case within the preview of prohibitory clause contained under Section 497 Cr.P.C.
Without dilating the merits of the case, the applicants are admitted on interim Pre-Arrest bail upon furnishing solvent surety in the sum of Rs. 200,000/- each (Rupees two hundred thousand only) each and P.R. bond in the like amount to the satisfaction of the Nazir of this court.
Notice to Advocate General Sindh. Adjourned to 10.10.2007 for confirmation or otherwise.
J U D G E