LAHORE, Sep 11 (APP):A Lahore High Court (LHC) division bench on Wednesday granted bail to underage driver Afnan in connection with the Defence car accident case that tragically claimed the lives of six family members.
The division bench, headed by Justice Syed Shahbaz Ali Rizvi, heard the post-arrest bail petition of Afnan.
Afnan’s counsel argued that the incident was a car accident and did not justify the inclusion of sections from the Anti-Terrorism Act, though the police had applied them. He further noted that the anti-terrorism court had dismissed the Afnan’s bail petition based on inaccurate facts.
He highlighted that three of Afnan’s friends had been declared innocent during investigations, and the allegations made by the complainant had not yet been proven. He also raised objections to two statements made by witness Zubair Ghafoor, arguing that the witnesses were not present at the scene of the accident.
The counsel emphasized that Afnan, being 17 years and six months old at the time of the accident, was classified as a juvenile in the charge-sheet (challan). According to the law, Afnan was entitled to bail, he submitted, requesting the bench to grant bail to his client.
In response, the complainant’s counsel argued that the witness statements were not relevant to the bail petition.
Addressing the complainant’s counsel, the bench remarked, “Bail decisions are made based on the evidence available.”
The court was further informed that Afnan had not only collided with the car but had done so intentionally. In a typical accident, a vehicle does not get thrown 55 feet away. The forensic report of the vehicles involved in the crash is still pending.
At this stage, the prosecutor informed the court that a medical board had been constituted for Afnan, who was a juvenile. He stated that the decision on the bail petition could be made once the medical board’s report was received, adding that the geofencing report was also not yet clear.
Following the completion of arguments, the bench granted bail to Afnan.
The Defence C police had registered the case based on a complaint filed by Rafaqat Ali, who lost his wife, Rukhsana Bibi (45); son, Husnain (25); daughter-in-law, Ayesha (23); son-in-law, Sajjad (30); four-month-old grandson, Huzaifa; and granddaughter, Anaya (4) in the tragic accident.
In addition to Afnan, his father Shafqat Ali, and his friends Ali Abdullah, Muhammad Saad, and Muhammad Ibrahim were also charged with multiple offenses in the police challan. The investigation report alleged that Afnan and his friends first harassed female passengers before colliding with their car. Shafqat, a real estate dealer, was accused of allowing his underage son to drive illegally.
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