2003 PLP 3157 (YLR)

Haji Ghulam Asghar for the State. Petitioners Rafaqat Ali, Liaquat Ali sons of Muhammad Sharif seek after‑arrest bail in cross‑version of case F.I.R. No. 158, dated 3‑11-2002 under sections 324, 337- F(iii), 148, 149, P.P.C. registered with Police Station Mitha Tiwana, Tehsil and District Khushab.

2. The allegation against the petitioner Liaquat Ali is that he while armed with .12 bore gun caused two injuries to Maula Dad on its left leg while Rafaqat Ali accused caused fire‑arm injury to Muhammad Khan near his left ankle joint and other co‑accused also caused injuries with their respective weapons to the P.Ws.

3. The petitioners were arrested and after investigation have been sent to judicial, lock‑up. They were declined after arrest bail by the learned Illaqa Magistrate and learned Additional Sessions Judge, Khushab vide orders dated 21‑12‑2002 and 6‑1‑2003 respectively. Hence this petition.

4. In support of this petition, learned counsel for the petitioner contends that Rafaqat Ali petitioner is a "child" less than 18 years of age and recovery of gun has also not been effected from him. He has not been attributed any injury on the vital part, therefore, he is entitled for concession of bail. As far the case of Liaquat Ali petitioner, it has been argued that he has been attributed injuries on non‑vital part of body of Maula Dad and section 324, P.P.C. is not attracted in the circumstances of the case.

5. Conversely, the petition has been opposed by the learned counsel for the complainant and for the State. Learned counsel for the complainant by placing reliance on copy of the school leaving certificate to show that he was not less than 15 years of age but according to his birth certificate, was 16 years and 6 months old, has argued that under section 10 of the Juvenile Justice System Ordinance, 2000 if the child is more than 15 years, he cannot claim bail as a matter of right.

6. As far the petitioner Liaquat Ali is concerned, it has been argued that he has caused two injuries to Maula Dad and allegations leveled by the complainant in cross‑version have been supported by the medical evidence.

7. I have given deep consideration to the contentions raised at the bar and record has been perused.

8. Liaquat Ali has been attributed two fire‑arm injuries to Maula Dad P.W., which has also been corroborated by the medical evidence, therefore, he is not entitled for release on bail, therefore, the petition to his extent is dismissed.

9. As far as case of Rafaqat Ali is concerned, it is distinguishable from his co accused. Even according to the birth certificate he is a "child" under 'proviso to section 10 of the Juvenile Justice System Ordinance, 2000 and is, not involved in a case of serious, heinous, gruesome, brutal, sensational in character or shocking to public morality or he is not a previous convict, therefore, he is admitted to bail subject to his furnishing bail bonds in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of trial Court.

10. Any observation made in this order shall not affect the merits of the case. N.H.Q./R‑253/L Bail granted.