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Initializing Secure Chambers
Petitioner: AZHAR AND ANOTHER VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Abdul Shakurul Salam Title: AZHAR AND ANOTHER vs THE STATE Case No.: Criminal Miscellaneous No, 3063-B of 1976 Date of Judgment:1976-08-11 Reported As: 1977 P Cr. L J 325 Result: Petition dismissed
Judgment ORDER ' The petitioners are involved in a case registered against them under section 307/34, P. P. C. At Police Station Malikwal, District Gujrat. The petitioners are alleged to have fired on the complainant and his brother who, however, saved their lives by going into a room. F. I. R. Was lodged on 27-2- 1976 and the petitioners were arrested the same day. Two guns have been recovered from the petitioners. It is also stated by the learned counsel for the State that cartridges have also been recovered from the site and those matched with the guns. The Investigating Officer has stated that the challan was submitted on 27-3-1976. However, no evidence has yet been recorded. 2. Learned counsel for the petitioners has contended that the allegation against the petitioners is only of ineffective firing and that the petitioners being the ages of 16 and 17 years respectively are entitled to bail. 3. The fact that the petitioners are of young age may be true but they are above the age of discretion and should have more sense. The allegation against the petitioners is of using fire-arms in broad daylight, in firing at their opponents. There is no justification to release the petitioners on bail in such a serious case. However, it is directed that the prosecution should produce its witnesses as early as possible and the learned trying Magistrate should ensure that the trial is completed before the year is out. ' Subject to the above observation, this petition is dismissed.