1983 PLP 1001 (SCMR)
MUHAMMAD ANWAR-Petitioner Versus THE STATE-Respondent
| Citation | 1983 PLP 1001 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain, Nasim Hasan Shah and M. S. H. Quraishi, JJ |
| Parties | MUHAMMAD ANWAR-Petitioner Versus THE STATE-Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1983 PLP 1001 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1983 PLP 1001 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain, Nasim Hasan Shah and M. S. H. Quraishi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1983 PLP 1001 (SCMR) (MUHAMMAD ANWAR-Petitioner Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mehar Ghulam Ali Mubashar, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner.
- Date of hearing : 18th April, 1983.
- Mehar Ghulam Ali Mubashar, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
- Tanvir Ahmad Khan Asstt, Advocate‑General for the State.
- 3. The learned Assistant Advocate‑General could not raise any objection against the genuineness of the school leaving certificate or the entries therein. We are of the opinion that the view expressed by the police was not sufficient to reject the appellant's plea of tender age in view of the entries in the certified copy of the school leaving certificate. The appeal is, therefore, accepted and the appellant Muhammad Anwar is allowed bail in the sum of Rs. 20,000 with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Bhalwal.
Headnotes / Summary
Ss. 497 & 498-Bail in murder case on ground of tender age of accused-Plea that appellant was below 16 years of age at time of incident supported by his school leaving certificate but rejected by High Court on ground that according to Police appellant was 19 years of age-View expressed by police regarding age of appellant--Held, not sufficient to reject appellant's plea of tender age in circumstances of case-Bail granted. Tanvir Ahmad Khan Asstt, Advocate-General for the State.
Judgment & Decree
ASLAM RIAZ HUSSAIN, J.‑Muhammad Anwar petitioner seeks leave to appeal against the order of a learned Single Judge of the Lahore High Court, dated 12‑3‑1983 dismissing his application for bail.
2. He was accused in a murder case and applied for grant of bail on the ground of tender age. It was submitted that he was below 16 years of age at the time of incident. The plea was supported by an entry in hi school leaving certificate. The learned Judge, in chamber, however, rejected this plea on the ground that according to the police the petitioner was 19 years of age. We are afraid this was not a sound ground for rejecting the plea. We issued notice to the State and have beard the matter as an appeal after grant of leave,
3. The learned Assistant Advocate‑General could not raise any objection against the genuineness of the school leaving certificate or the entries therein. We are of the opinion that the view expressed by the police was not sufficient to reject the appellant's plea of tender age in view of the entries in the certified copy of the school leaving certificate. The appeal is, therefore, accepted and the appellant Muhammad Anwar is allowed bail in the sum of Rs. 20,000 with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Bhalwal. S. Q. Bail allowed.