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Petitioner: MUHAMMAD YOUNUS VS Respondent: ISMAIL AND Another
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Muhammad Afzal Zullah Title: MUHAMMAD YOUNUS vs ISMAIL AND Another Case No.:Criminal Petition for Special Leave to Appeal No. K-36 of 1981 Cr.Bail
Application No. 441 of 1981 Date of Judgment:1981-08-25 Reported As: 1981 SCMR 1216 Result: Petition dismissed Judgment ORDER NAM HASAN SHAH, J.-This petition for leave to appeal is directed against the order dated 17-6-1981 passed by a learned Single Judge of the Sind High Court at Karachi releasing Muhammad Ismail, respondent No. 2 herein, on bail on the ground that the case was one of further injury, namely, requiring determination whether the offence committed by the said respon--dent fell under Exception 1 of section 300, P. P. C., or it fell under sec--tion 302, P. P. C., as all edged by the prosecution. A further matter, which required further inquiry, was whether the said respondent was 15 years of age as opined in the medical evidence or about 16 years and 10 months of age, as recorded in the birth certificate. After hearing the learned counsel for the petitioner and the learned Additional Advocate-General Sind (who has supported the order of the learned Judge of the High Court), we feel that the grounds given by the learned Single Judge in his impugned order while granting bail indicate that the case, indeed, on the facts herein, was one of further inquiry and, there--fore, the discretion exercised, by him, in allowing bail in this case, has been properly exercised. No ground, therefore, is made out for interfering with the said order. This petition, therefore, fails and is dismissed hereby.
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