2006 PLP 2862 (YLR)

SARDAR MUHAMMAD ASLAM, J.

The petitioner seeks bail after arrest in case F.I.R. No.481 dated 23-8-2005 registered under section 302/34, P.P.C. At Police Station, Manga Mandi, Lahore.

2. Briefly the allegation against the petitioner is that he called Azhar Abbas deceased from the house and his co-accused namely Sajjad Shah and Rana Shafique caused Churri blows. He was taken to Rural Health Centre wherefrom was shifted to Jinnah Hospital where he succumbed to the injuries.

3. Learned counsel for the petitioner argued that the petitioner is less than 14 years of age and is entitled to the concession of bail on account of minority; that the co-accused of the petitioner nominated in the F.I.R. with specific role of causing fatal injuries to the deceased have been declared innocent in investigation by the police and the only allegation against the petitioner in the F.I.R. is of having called the deceased from his house and accompanied him.

4. On the other hand, learned counsel for the State opposed the grant of bail.

5. Heard. Record perused.

6. The occurrence took place on 22-8-2005 at about 7/8-00 p.m. in the outskirts of the village Abadi. The first person attracted to the spot is Mirza Aamir Baig, an owner of Rice Mill located near the place of occurrence. A few boys of the village informed Mirza Aamir Baig and other persons at the premises of the Mill that they have heard cries for help from the place nearby. He took out his pistol and accompanied by the boys proceeded towards the place. When he reached there, he found Azhar Abbas deceased in injured condition. He was holding Churri in his hand and wrapped his leg with a piece of cloth. On asking by Mirza Aamir Baig, he told that somebody has injured him and that his leg has been broken. Mirza Aamir Baig, suspecting that someone is in vicinity fired few shots in the air. After a while, Imran Hiader, petitioner came out of Jhijhan crop. The injured asked Mirza Aamir Baig to inform his father. Accordingly, an information was sent to the father of injured and a cot was arranged to evacuate him to the hospital. Consequently, on arrival of his father, he was removed to the Rural Health Centre from where he was shifted to Jinnah Hospital, Lahore, where he succumbed to the injuries. S.-I. conducted the investigation. According to him, both the petitioner and the deceased were of equal age. The deceased asked the petitioner to accompany him, as he was proceeding outside the village in order to meet one of his friend. On reaching there, the deceased required the petitioner to untie his Shalwar as he wants to commit sodomy with him. On his refusal, the deceased took out Churri from his trouser and held the petitioner in Jappah. The petitioner was in bid to snatch Churri when the deceased bit his right thumb and almost chewed it under his teeth. Petitioner had four injuries on his person; two of them are with sharp-edged weapon. He in order to save himself from the commission of sodomy on his person gave a Churri blow and ran away from the spot crossing a steep ( ). The deceased armed with Churri followed the petitioner but fell down from the steep and fractured his leg. The D.S.P. too visited the place of occurrence in presence of the complainant and examined the witnesses himself at the spot including Mirza Aamir Baig. In his opinion, it was the deceased who tried to commit sodomy forcibly with the petitioner which resulted into unfortunate incident.

7. Though, the opinion of the police is not binding upon the Court yet a most important and relevant information, if the same is based on material. Statement of Mirza Aamir Baig coupled with recovery of fire-shots made by him from the place of occurrence and recovery of Churri produced by Sajjad Hussain Shah indicates that the opinion and conclusion arrived at by the police is prima facie based on sound material.

8. The injuries on the person of the petitioner do indicate that some scuffle took place between the deceased and the petitioner. The role assigned to the petitioner by the complainant in F.I.R. is only of calling him from the house and nothing more. Case set up by the complainant in F.I.R. stood falsified, on tentative assessment, benefit of which can be given to accused at bail stage.

9. Petitioner is a minor. His date of birth in accordance with copy of birth Register is 29-12-1990. On the day of occurrence, he was about 14-1/2 years. Keeping such a young person in jail is open to serious harm. He is thus, entitled to concession of bail on account of minority.

10. For what has been discussed above, the petitioner has successfully made out a case for the grant of bail. This petition is allowed and the petitioner is admitted to bail subject to furnishing of bail bonds in the sum of Rs.1,00,000 (Rs. One lac only) with one surety in the like amount to the satisfaction of trial Court. S.M.B./1-41/L ????????????????????? Bail granted.