2017 PLP 2526 (YLR)

ISHTIAQ IBRAHIM, J.

Bakhtiar, petitioner having been involved in case FIR No.313 dated 11.5.2016 under sections 324/34, P.P.C, Police Station Lakki, District Lakki Marwat, has filed the present bail petition for his release on bail.

2. Prosecution case is that complainant Muhammad Salim was called on mobile phone by petitioner and when he reached the spot, there co-accused Ismail (empty handed) ordered his son Bakhtiar (petitioner) to kill, by complying the command, petitioner fired at the complainant with his .30 bore pistol as a result of which he sustained injuries on his feet. On the basis of report, present case was registered against accused.

3. Arguments of learned counsel for the parties, learned AAG for the State and gone through the record with their valuable assistance.

4. Complainant was called by petitioner on his mobile phone, CDR data has not been made part of the record which could have fortified the stance of complainant. It appears from the medico legal report of complainant/injured that he has sustained three injuries on his toes and right knee, non-vital parts of the body.

5. Be that as it may, apart from the above, card of arrest of petitioner depicts that he is 14 years old therefore, he is juvenile within the definition of Clause (b) of section 2 of the Juvenile Justice System. Ordinance, 2000 read with the rules framed there-under and thus under section 10 of the Juvenile Justice System Ordinance, 2000 accused/petitioner is entitled to be released on bail. Proviso to Section 10 of Juvenile Justice System Ordinance 2000, places embargo on grant of bail to a child of fifteen years or above. If in opinion of the Court, the offence is serious, heinous gruesome, brutal, sensational in character or shocking to public morality or he is a previous convict of an offence punishable with death or imprisonment for life.

6. The intention of the legislature is manifest from the age bracket provided in proviso to Section 10 ibid, that child of 15 years or above can be refused bail on the above mentioned premise. The relevant proviso to Section 10 of the Juvenile Justice System Ordinance, 2000 for convenience is reproduced below:-- "Provided that where a child of the age of fifteen years or above is arrested, the Court 'may refuse to grant bail if there are reasonable grounds to believe that such child is involved in an offence which in its opinion is serious, heinous, gruesome, brutal, sensational in character or shocking to public morality or he is a previous convict of an offence punishment with death or imprisonment for life."

7. The bare reading of proviso quoted above depicts the intention of the legislature that a child who is below 15 years is to be granted bail notwithstanding the nature of the charge. Case of the petitioner is not falling within the above category as his age has been mentioned 14 years in Card of Arrest prepared by the Investigation Officer on 20.8.2016. Till date none from the complainant or prosecution has challenged the same before any forum. Without dilating upon the merits of the case the petitioner is entitled to the grant of bail under Section 10 of juvenile Justice System Ordinance 2000.

8. Investigation in the case is complete and petitioner who is behind the bars since his arrest, is no more required to the Investigation Agency for interrogation therefore, keeping him behind the bars would serve no useful purpose.

9. For what has been discussed above, this petition is allowed and petitioner is admitted to bail subject to furnishing bail bonds to the tune of Rs.1,00,000/-(One lac) with two sureties each in the like amount to the satisfaction of Illaqa Judicial Magistrate/MOD concerned. In addition to that father of petitioner being natural guardian is directed to submit recognizance to the tune of Rs.100,000/- to the above mentioned Court, that he will properly look after the child i.e., the accused/petitioner. The above are reasons of my short order of even date. WA/248/P Bail granted.