2007 PLP 207 (YLR)
HUBDAR ALI — Applicant Versus THE STATE — Respondent
| Citation | 2007 PLP 207 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Muhammad Mujeebullah Siddqiui, J |
| Parties | HUBDAR ALI — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 207 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 207 (YLR)?
The case was heard and decided by the Karachi bench comprising: Muhammad Mujeebullah Siddqiui, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 207 (YLR) (HUBDAR ALI — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss.380 & 457
Counsel for accused had submitted that accused was entitled to be released on bail as according to entry in School Leaving Certificate, his date of birth was 1-1-1991
Medical Superintendent of Medical College Hospital who examined accused, had certified that on the basis of appearance and Radiological report, accused appeared to be of nineteen years of age
Possibility of error of one year in determining the age of a person on upper or lower side always existed and benefit, if any, was to be extended to accused for such error
Accused was granted bail,' in circumstances. Nisar Ahmed G.Abdor for Applicant. Muhammad Ismail Bhutto for the State.
Judgment & Decree
MUHAMMAD MUJEEBULLAH SIDDIQUI, J.
The application has served its purpose and has been rendered infructuous. Disposed of accordingly.
2. Granted with all just exceptions.
3. The applicant Hubdar Ali is facing trial in the Court of learned Civil Judge and Judicial Magistrate-III, Larkana for the commission of offence punishable under section 457 and 380 P.P.C. Learned counsel for the applicant has submitted that notwithstanding merits of the case, the applicant is entitled to be released on bail as, according to the entry in the school leaving certificate of the Government Primary School, Shah Muhammad Sindhi, the date of birth of the applicant is 1-1-1991. He has submitted that A this plea was taken before the learned trial Court and the learned trial Court referred the applicant to Medical Superintendent, Chandka Medical College Hospital, Larkana, who certified that on the basis of appearance and Radiological report the applicant appeared to be of nineteen years of age. The learned counsel has further submitted that although this plea was taken before the learned Additional Sessions Judge-II, Larkana but he did not advert to this point and thereby committed serious error. He has submitted that there is always possibility of error of one year in determining the age of a person on either side, upper or lower, and the benefit, if any, is to be extended to the accused, therefore, at this stage the applicant is entitled to be released on bail. The learned State Counsel has opposed the bail application. I am persuaded to agree with the submission of learned counsel for the applicant. The applicant is, therefore, granted bail in the sum of Rs.50,000 and P. R. bond in the like amount to the satisfaction of learned trial Court. Before parting with this order it would be appropriate to direct the learned trial Court as well as the learned Sessions Judge to consider the forum of trial for applicant because if he is a juvenile, his trial by a Court other than a juvenile Court along with the adult accused persons would be an illegality which is likely to vitiate the proceedings. It is the duty of the learned Sessions Judge as well as the trial Court to examine the question of jurisdiction before the start of trial in order to examine the possibility of setting aside their orders on the point of jurisdiction only, rendering the entire proceedings as an exercise in futility. H.B.T./H-24/K??????????????????????????????????????????????????????????????????????????????????? Bail granted.