1994 PLP 584 (MLD)

This petition has been moved seeking grant of bail to Sikander Hayat, petitioner, who stands arrested since 26-2-1993 in case F.I.R. No.51 of 1993 dated 23-2-1993, under section 392/411, P.P.C. read with section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, registered at Police Station Kot Momin, District Sargodha.

2. According to the prosecution, Bashir Ahmad, complainant owned a Car No.4604/LHA Toyota Corolla, Model 1980, which he used to ply as taxi. On the fateful day, the petitioner alongwith Shamas-ul-Haq contacted the complainant at taxi stand Kot Momin and hired his car fixing the fare as Rs.150. The petitioner and his aforesaid companion sat in the car and the complainant drove it towards the destination. When they reached near Kot Momin, one Khalid Mahmood, co-accused of the petitioner, who was standing on the roadside, signalled the car to stop and he too sat in the car. They had covered a little distance when Khalid Mahmood placed his pistol on the temple of the complainant and forced him out of the car and then bound him down with a tree with a rope and took away the car. The matter was reported at the police station the same day. During a chase by the police on 26-2-1993 the petitioner and his two co-accused were hauled up while travelling in the aforesaid said stolen car which had been seized. The petitioner's bail plea was declined by the lower Court, hence this petition.

3. Learned counsel appearing on behalf of the petitioner has made two fold submissions. Firstly that the petitioner is in jail for the last about 8 months without trial and secondly that he is less than 16 years of age as per copy of birth certificate showing his date of birth as 15-7-1978, therefore, it is urged that the petitioner is entitled to benefit of the proviso (1) of subsection (1) of section 497, Cr.P.C. Learned counsel for State has however opposed the petition.

4. Having considered the facts and circumstances of the case, I am of the view that the petitioner appears to be little more than 15 years of age who is in jail for the last about seven months, therefore, in the circumstances of the case, he is entitled to the benefit of proviso (1) of subsection (1) of section 497, Cr.P.C. Consequently I allow this petition and direct that the petitioner be released subject to his furnishing bail bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of the A.C./Duty Magistrate concerned. N.H.Q./S-388/L Bail allowed.