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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: SABIR HUSSAIN VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 1501
[Lahore]
Before Khizar Hayat, J
SABIR HUSSAIN‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 733/B of 1988, decided on 16th March, 1983.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S.302‑‑Bail, grant of‑‑Admittedly petitioner not yet 16 years old nor caused any injury to deceased‑ Petitioner allowed bail, in circumstances.
Ch. Liaqat Ali Sindhu for Petitioner.
Ch. Muhammad Ashfaq for the Complainant.
Fazalul Rehman for the State.
Date of hearing: 16th March, 1988.
ORDER
Sabir Hussain petitioner with four others is accused of having caused the death of Irshad and injuries to Javid P.W. The role attributed to the petitioner is that he had caused simple injury to Javid P.W. Petitioner's bail plea has been declined by the lower Court, hence this application.
2. I have heard learned counsel for the petitioner as well as for the State and also perused the record.
3. It is contended that the petitioner is below 16 years of age and has not caused any injury to the deceased. Reliance is placed on School leaving certificate which shows that the petitioner was a student of 8th class in the year 1986. It means that the petitioner, in any case, is not 16 years old. This fact is not denied by the complainant who is present in Court. In view of his age and the fact that he has not caused any injury to the deceased, I feel inclined to allow this petition and direct that he be released subject to his furnishing bail bonds in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Gujranwala.
S.G.D./S‑245/L Bail allowed.