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Petitioner: MUHAMMAD ASHIQ alias ASHIQ ALI VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Aftab Farrukh Title: MUHAMMAD ASHIQ alias ASHIQ ALI vs THE STATE Case No.: Criminal Miscellaneous No, 336/B of 1980 Date of Judgment:1980-02-16 Reported As: 1980 P Cr. L J 652 Result: Appeal dismissed
Judgment ' Muhammad Ashiq petitioner along with his father has been sent up by Police Station Warburton District Sheikhupura, for the murder of Liaquat Ali on the 25th September, 1979 at about 4 p. m. The bail is argued on the point that the petitioner at the time of occurrence was 12/13 years in age and in support thereof a copy of medical report made to the learned Sessions Judge by the Medical Superintendent, D. H. Q. Hospital, Sheikhupura, has been obtained, and according to the X-Ray report the age of the petitioner works out to be 12-14 years and as per his height, weight and general body, in the opinion of the doctor the petitioner's age is 14-15 years. The petitioner has also placed on record an extract from the birth-entry register of Chak No, 75, District Sheikhupura, according to which the petitioner was born on the 17th March, 1965, which would mean that on the day of occurrence he was about 14 years old. In this view of the matter, the case of the petitioner is covered by proviso to [subsection of section 497 of the Code of Criminal Procedure therefore he is allowed bail in the sum of Rs, 25,000 (Rs, Twenty-fi, .; A thousand) with two sureties each in the like amount to the satisfaction of A. C. Sheikhupura, and in this regard I would refer to Haji Fazal Elahi v. Miss Farah Naz (1).