PLJ 2013 Cr.C. (Lahore)
623
Present: Ali Baqar Najafi, J.
MUHAMMAD AHMAD
JAVED--Petitioner
versus
STATE,
etc.--Respondents
Crl. Misc. No.
5072-B of 2013, decided on 11.6.2013.
Criminal
Procedure Code, 1898 (V of 1898)--
----S.
497(1)--Pakistan Penal Code, (XLV of 1860), Ss. 324/34 & 302--Bail, grant
of--Petitioner was juvenile--Petitioner is juvenile and for this reason he may
be granted post arrest bail. The Standing Medical Board has determined the age
of the petitioner at less than 16 years which is also corroborated by his birth
certificate according to which he is stated to be about 15 years and 3 months
at the time of occurrence. He is behind the bars for the last nine months. The challan of the case has already been submitted and he is no
more required for the purpose of investigation. The maturity of the mind of the
petitioner in the environment and circumstances prevailing at the time of
occurrence may be better appreciated by learned trial Court after recording
evidence. Under Section 10 of the Juvenile Justice System Ordinance, 2002, a
minor under the age of 16 years at the time of commission of offence is
normally granted bail unless exceptional circumstances are found on the record.
I do not see any such circumstances flouting on the record to disentitle the
petitioner from the concession of bail set out for the persons like petitioner
by legislature. [Pp. 624 & 625]
A
1970
SCMR 30, ref.
Syed Nisar Ali Shah, Advocate for Petitioner.
Mian Imran Raheem, DPG for State.
Ch. Amin Rehmat, Advocate for
Complainant.
Date of hearing:
11.06.2013
Order
Seeks post
arrest bail in case FIR No. 989 dated 10.8.2012 registered under Sections
324/34, PPC subsequently added Section 302, PPC with Police Station, Batala Colony, Faisalabad.
2. The allegation against the petitioner is that
on the day of occurrence at 2.15 p.m., the petitioner and Naveed
Iqbal,
returned after Juma prayer to their common house when
a quarrel had taken place between the children of Naveed
Iqbal and Javed Iqbal. Naveed went upstairs of
the residence where the petitioner used to reside. Shafqat
Bibi and the petitioner forbade him in the presence
of Muhammad Imran, Jehanzeb
and Shabbir. Mst. Shafqat Bibi raised lalkara to kill Naveed Iqbal. On this, the petitioner filed with his .12 bore gun
at Naveed Iqbal hitting on
his left flank, who died at the spot. The motive
behind the occurrence is a dispute over the house between the petitioner and
the deceased.
3. The learned counsel for the petition submits
that the occurrence had taken place inside the portion of the house belonging
to the petitioner; that there was a property dispute between the deceased who
was the real uncle of the petitioner; that in fact, the mother of the
petitioner was severely beaten, who remained unconscious after which the
petitioner, being her son, tried to save her mother; that the petitioner is
aged 15 years and 3 months as his date of birth is 30.4.1997; that report of
the Medical Board reveals that the age of the petitioner is between 15 and 16
years which proves that he is juvenile and entitled to all the rights provided
to him under the Juvenile Justice System Ordinance; that the petitioner is
behind the bars for the last nine months and the trial has not yet commenced.
Places reliance upon "Siraj Din vs Saghir-ud-Din
alias Goga and another" (1970 SCMR 30),
"Muhammad Anwar vs The State (1983 SCMR 1001),
(2002 MLD 1566) and "Ghulam Mustafa and another vs The State" (1971 P.Cr.LJ
485) and prays for the post arrest bail.
4. Conversely, the learned counsel for the
complainant assisted by learned DPG submits that the petitioner was involved on
the basis of statement made under Section 161, Cr.P.C.
by Jehanzeb and Imran, who
was declared guilty by police during the investigation; that under Section 10
of the Juvenile Justice System Ordinance, 2002, the Court may refuse to grant
bail even to a juvenile. The learned DPG adds that the deceased was 45 years of
age and the age of the petitioner does not matter much in the offence for which
the capital punishment is provided and prays for dismissal of the petition.
5. I have heard the learned counsel for the
parties and perused the record.
6. The main emphasis of the learned counsel for
the petitioner is that the petitioner is juvenile and for this reason he may be
granted post-arrest bail. The Standing Medical Board has determined the age of
the petitioner at less than 16 years which is also corroborated by his birth
certificate according to which he is stated to be about 15 years and 3 months
at the time of occurrence. He is behind the bars for the last nine months. The challan of the case has already been submitted and he is no
more required for the purpose of investigation. The maturity of the mind of the petitioner in the environment and
circumstances prevailing at the time of occurrence may be better appreciated by
learned trial Court after recording evidence. Under Section 10 of the Juvenile
Justice System Ordinance, 2002, a minor under the age of 16 years at the time
of commission of offence is normally granted bail unless exceptional circumstances
are found on the record. I do not see any such circumstances flouting on the
record to disentitle the petitioner from the concession of bail set out for the
persons like petitioner by legislature.
7. I am fortified by a leave refusing order
passed by Justice A.R. Cornelius in case titled "Siraj
Din vs Saghir-un-Din alias Goga and another" (1970 SCMR 30), the relevant portion
of the order is reproduced as under:
"This
accused, who has been granted bail by the High Court
is evidently a minor. The age based on Ex-ray examination is between 16 and 17
years. That is a ground on which bail may be granted even in a case of a
capital offence, and it is clear that there has been no excess of power, or
irregularity in the exercise of discretion."
8. In this view of the matter, the case of the
petitioner falls in first proviso to sub-section (1) of Section 497, Cr.P.C. I, therefore, accept this petition and admit the
petitioner to bail subject to his furnishing bail bonds in the sum of
Rs.2,00,000/-(Rupees two lac only) in the like amount
to the satisfaction of learned trial Court.
(A.S.) Bail admitted
