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Petitioner: MAL AFSAR VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 1438 (1)
[Peshawar]
Before Nazir Ahmad Bhatti, J
MAL AFSAR--Petitioner
versus
THE STATE--Respondent
Criminal Miscellaneous No.337 of 1987, decided on 27th February, 1988.
Criminal Procedure Code (V of 1898)--
---S. 497--Penal Code (XLV of 1860), S. 302/34--Bail, grant of- Accused less than 12 years of age at time of occurrence--Bail granted in circumstances.
Fazal Haq Abbasi for Petitioner.
Kh. Nazir Ahmad A.A.-G. for the State.
Ghulam Mujtaba Khan for the Complainant.
Date of hearing: 27th February, 1988.
JUDGMENT
Mal Afsar petitioner herein has been charged under section 302/34, P.P.C. in the F.I.R.No.217 of Police Station Havelian recorded on 26-7-1987 at the instance of complainant Karam Dad for inflicting churri blows on Gul Nawaz a boy of 12/13 who succumbed to his injuries. The petitioner having failed to obtain bail from the lower Courts had come up to this Court for the said purpose.
2. It is alleged that the petitioner was less than 12 years of age at the time of the commission of offence. He was ordered to be examined for his age by a Radiologist by order of this Court dated 27-1-1988. The report of the Radiologist has been received according to which the age of the petitioner was about 12 years on 3-2-1988. The occurrence had taken place about 6 months before the said medical examination. Obviously the petitioner was less than 12 years of age on that date. Consequently this petition is accepted and the petitioner is allowed bail in the sum of Rs.20,000 with two sureties each in the like amount to the satisfaction of Ilaqa/Duty Magistrate.
S. A./604/P Bail granted