Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: AHMAD YAR VS Respondent: THE STATEHonorable Justice Khawaja Muhammad SharifSyed Hassan,Ms. Fauzia Sultana
2002 Y L R 1045
2002 Y L R 1045
[Lahore]
Before Khawaja Muhammad Sharif, J
AHMAD YAR‑‑‑Petitioner
Versus
THE STATE‑‑‑Respondent
Criminal Miscellaneous No. 2771‑B of 2002, decided on 8th May, 2002.
Criminal Procedure Code (V of 1898)‑‑‑
‑‑‑‑S. 497(2)‑‑‑Penal Code (XLV of 1860), S.302‑‑‑Juvenile Justice System Ordinance (XXII of 2000), S.10 (7‑A)‑‑‑Bail, grant of‑‑ Further inquiry‑‑Cross‑cases filed by parties were pending in Court‑‑‑Accused according to 'Birth Certificate, Matriculation Certificate and report of Board of Doctors was not above 18 years at the time of occurrence‑‑‑Case against accused fell under S. 497(2), Cr. P. C. which required further inquiry into guilt and also fell under S.10(7‑A) of Juvenile Justice System Ordinance, 2000‑‑‑Bail was allowed to the accused, in circumstances.
2002 SCMR 440; 2000 SCMR 79 and 2000 PCr.LJ 634 ref.
Syed Hassan Petitioner.
Ms. Fauzia Sultana for the State.
ORDER
Wali Muhammad lodged F.I.R. No.65 in Police Station Jhall Chakian, District Sargodha on 11‑3‑2001 for the murder of Noor Muhammad son of Toray Bas and for causing injuries on the persons of Said Rasool, Tahir Nawaz, Sabeeha Bibi and Zainab Bibi. Later on, Ahmad Khan also lodged the cross‑version for the murder of Shaukat Hayat and for causing injuries on the persons of Zaib Nawaz and Muhammad Riaz. Both the challans are pending before the learned. Additional Sessions Judge, Sargodha.
2. In support of this petition, learned counsel for the petitioner submits that one person on the side of petitioner was killed and three persons were injured, that petitioner is minor and according to birth certificate "Annexure‑C" he was born on 8‑9‑1983, then according to Matric Certificate issued by the Board of Intermediate and Secondary Education, Sargodha his date of birth was shown as 1‑11‑1984 while according to the report of Board of Doctors, he was about 19 years of age on 2‑4‑2002, that according to subsection (7‑A) of section 10 of the Juvenile Justice System Ordinance, 2000 if an accused, who is child has been detained for more than one year and his trial has not been concluded shall be entitled for the grant of bail, that it is a case of two versions, that father of the petitioner was also injured in this cross‑firing, that case of the petitioner is of further inquiry falling under subsection (2) of section 497, Cr.P.C. He has also relied upon 2002 S.C.M.R 440, 2000 SCMR 79 and 2000 P.Cr.L.J 634.
3. On then other hand, learned counsel for the State submits that petitioner is named in the F.I.R., specific role is attributed to him and the offence alleged against him falls within the ambit of section 497 (1), Cr.P.C.
4. I have heard learned counsel for the parties. It has not been denied that petitioner is an accused in a cross‑version, prosecution till today has not rebutted the documents, that is. Birth Certificate. Matriculation Certificate and the report of Board of Doctors which prima facie, proves that petitioner was not above 18 years at the time of occurrence. Keeping in view of the above circumstances of the case, I am of the considered opinion that case of the petitioner falls under subsection (2) of section 497, Cr.P.C. which requires further inquiry into his guilt and also falls under subsection (7‑A) of section 10 or the Juvenile Justice System Ordinance, 2000, therefore, this petition is accepted. Petitioner is allowed bail subject to furnishing bail bonds to the tune of Rs.50,000 (Rupees fifty thousand) with two sureties in the like‑amount to the satisfaction of trial Court.
H.B.T./A‑486/L Bail granted.