LHC refuses bail to driver accused of four deaths

LAHORE:

The Lahore High Court's (LHC) Multan Bench has denied bail to a bus driver accused of causing the deaths of four young men in a road accident, ruling that driving a passenger bus without a valid Public Service Vehicle (PSV) licence is unlawful and that a fatal accident in such circumstances falls under Section 322 of the Pakistan Penal Code (PPC).

Justice Tanveer Ahmad Sheikh issued the detailed written judgment while deciding a bail petition filed by accused Riaz Hussain.

The court observed that operating a passenger bus without an effective PSV licence constituted a clear violation of the Punjab Motor Vehicle Ordinance, 1965.

It held that where a driver operates a passenger vehicle without the mandatory PSV licence and a death occurs in an accident, Section 322 PPC is attracted.

Although Section 322 provides for diyat, the court clarified that the provision does not give an accused an automatic right to bail.

The bench also distinguished such cases from those involving a driver who holds a valid licence but causes death through rash or negligent driving.

In such circumstances, Section 320 PPC would apply, the court observed.

According to the judgment, Hussain held an H.T.V. driving licence but did not possess the required PSV licence to operate the bus. His decision to drive the passenger vehicle without the mandatory licence was therefore unlawful and potentially endangered the lives of passengers and other road users.

The court noted that four motorcycle riders were killed on the spot in the accident allegedly caused by the accused's extremely high-speed and negligent driving. One of the victims was scheduled to get married the following day.

The bench also rejected the defence argument that Hussain had not been named in the original first information report (FIR) and was subsequently implicated through a supplementary statement.