1982 P Cr (PLP)

This is an application for bail on behalf of Tariq Mahmood in a case under section 302/307/327/34, P. P. C. and section 13 of the Arms Ordinance, registered at Police Station Cheechawatni vide F. I. It. No. 51 of 1981 dated 17th March, 1981. The allegations against the petitioner are that he with his co-accused in furtherance of their common intention caused the death of Ijaz-ul-Haq by giving him injuries on 17th March, 1981, at 10.00 p. m. in the area of Chak No. 34/ 12-L Police Station Cheechawatni. So far as the petitioner is concerned, the allegations are that he at the time of occurrence was armed with knife and that he gave knife blows on the person of the deceased.

2. Learned counsel for the petitioner submits that the petitioner at the time of the occurrence was under 16 years of age and that his case falls within first proviso to section 497, Cr. P. C. and grant of bail in such like cases is a rule and refusal is an exception.

3. As against this the learned counsel appearing for the State assis ted by the learned counsel for the complainant has vehemently opposed the application. He argues that the alleged offence is punishable with death or imprisonment for life and there are reasonable grounds and suffi cient material to connect the petitioner with the alleged offence and that section 34, P. P. C. stands clearly attracted to the case of the petitioner therefore in the circumstances, he is not entitled to the concession of bail. The learned counsel further submits that an accused person who is under 16 years of age is not entitled to bail as a matter of right.

4. After hearing the learned counsel for the parties and going through the medical report, I find that (i) the deceased died after 10 days of the infliction of the injuries. The opinion of the doctor is as follows :-- "Death in my opinion is due to haemorrhage and shock caused by bleeding from ulcer in the stomach which may be stressed ulcer due to above mentioned injury" ; (ii) no specific injury has been attributed to the petitioner ; and (iii) that according to the medical certificate based on the report of the Radiologist the petitioner is between 15-16 years whereas according to the Professor Naseeb R. Awan, his age is about 16-17 years.

5. In these circumstances, without expressing any opinion lest it may A prejudice the case of either party, I am of the view that the question whether the death was the direct cause of injuries or not and the question of application of section 302, P. P. C. in the peculiar circumstances of this case need further inquiry. The petitioner being between 15 and 16 years according to the report of the Radiologist, his case also falls within the proviso to section 497, Cr. P. C. For the foregoing reasons, the petitioner is allowed bail in the sum of Rs. 20,000 (rupees twenty thousand) with one surety in the like amount to the satisfaction of A. C., Cheechawatni. Bail granted.