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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
1994 P Cr
1994 P Cr. L J 906
[Lahore]
Before Ch. Ghulam Sarwar, J
AMAR‑‑‑Petitioner
Versus
THE STATE‑‑‑Respondent
Criminal Miscellaneous No.1680/B of 1992, decided on 19th January, 1993.
Criminal Procedure Code (V of 1898)‑‑‑
‑‑‑‑S. 497(1), first proviso‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12‑‑‑Penal Code (XLV of 1860), S‑377/34 ‑‑‑ Bail, grant of‑‑‑Accused being aged about 10 years or 13‑1/2 years as described by the Medical Board, case against him fell under first proviso to subsection (1) of section 497, CrY.C., which had entitled him to be released on bail‑‑‑Accused was admitted to bail accordingly.‑‑‑[Age].
Altaf Ibrahim Qureshi for Petitioner.
Rizwan Ahmed Wasti for the State.
ORDER
Admittedly the petitioner is aged about 10 years and he was granted bail by the learned Additional Sessions Judge, Burewala on 1‑9‑1992 but the same order has now been recalled by him vide his order, dated 7‑12‑1992 on the ground that according to the report of the Chemical Examiner the external swabs and internal swabs taken from the anus of Majid Abbas victim were found stained with semen and the petitioner was found of the age of more than 13‑1/2 years and also that the Medical Board gave an opinion that he was capable of performing sexual intercourse and he could also produce semen.
2. Be that as it may, the petitioner being aged about 10 years or of 13‑1/2 years as described by the Medical Board; the case against him falls under proviso 1 to subsection (1) of section 497, Cr.P.C. which entitles the petitioner to be released on bail, I, therefore, direct that the petitioner shall be released on bail provided he furnishes bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate. Burewala.
N.H:Q./A‑535/L Bail granted