2007 PLP 1448 (MLD)

KHAWAJA MUHAMMAD SHARIF, J.

In addition to the submissions made by learned counsel for the petitioner noted in the order, dated 12-4-2007, it is submitted that the way, which has been adopted by learned Addl. Sessions Judge, Gujranwala for granting bail to the present respondent is illegal, unjustified and not recognized by Criminal Justice System of this country. He further submits that present respondent is the main accused, even a year has not passed when the bail has been granted, that learned Addl. Sessions Judge while granting bail to the respondent has gone into deeper appreciation of evidence, which is not allowed in such like matter.

2. On the other hand, learned counsel for the respondent submits that he is minor, that he was 16 years of age at the lime of occurrence, that he has not misused the concession of bail, that he has been rightly granted bail by learned Addl. Sessions Judge, that he remained in judicial lock-up for about eight months so bail granted to him by the learned Addl. Sessions Judge may not be cancelled.

3. Learned Addl. A.-G, and learned A.P.G. both arc of the view the order impugned is totally illegal and in fact the learned Additional Sessions Judge discussed merits of the case which exercise at bail stage is not permissible.

4. I have heard learned counsel for the parties. In the instant case, the allegation against the respondent is that he while armed with .12 bore gun fired a shot on the left flank of the deceased, which proved fatal He was arrested in this case, sent to judicial lock-up and then allowed bail on 27-3-2007. The main ground, which swayed the learned Additional Sessions Judge for the grant of bail, was that the respondent was minor and his age is Less than 16 years. Here I may reproduced Proviso to sub-clause 7 of section 10 of Juvenile Justice System Ordinance, 2000. "

10. Arrest and Bail. (1)

(7)

(a)

(b)

(c)

Provided that where a child of the age of 1'ii'teen years or above is arrested, the Court may refuse to grant bail if there are reasonable grounds to believe that such child is involved in an offence which in its opinion is serious, heinous, gruesome, brutal, sensational in character or shocking to public morality or he is a previous convict of an offence punishable with death or .imprisonment for life." A bare perusal of the above quoted proviso clearly shows that where a child of the age of 15 years or above is arrested, the Court may refuse to grant bail if there are reasonable grounds to believe that such child is involved in an offence which in its opinion is heinous, serious, gruesome, brutal and sensational in character or also shocking to public morality. What more heinous or gruesome offence can be than that of taking a life of an innocent person just on the alleged dispute over the land. Apart from the above quoted provision of law, I fail to understand as to how the trial Judge gathered that respondent was admittedly of 16 years of age; whether there was any opinion of the Board of Doctors or any other document on record to hold with certainty that the respondent was minor at the time of occurrence. Respondent is an accused of an offence punishable with Death or imprisonment for life if he is determined to be minor at the time of occurrence then obviously imprisonment for life and admittedly he even did not remain in Jail for a period of one year. The other ground, which weighed with the learned Addl. Sessions Judge was with regard to recovery of weapon of offence. By making observation while granting bail to the respondent, in tact the Judge has decided the case at a pre-mature stage rather has pre-empted the trial. Both the learned Law Officers have seriously opposed the impugned order and rightly so. In this view of the matter, the order, dated 27-3-2007 passed by learned Addl. Sessions Judge is hereby recalled by accepting this petition. Respondent is present in Court; he shall be taken into custody and sent to judicial lock-up. Before taking the proposed action against trial Judge I had inquired from the Registrar Office about the appointment of learned Addl. Sessions Judge and according to office report he was appointed as Addl. Sessions Judge in June, 2006, it means that he is new recruitment in this field but the way he has passed this order is very painful to me. I am .abstaining myself to make any further comments and consider it sufficient that a copy of this order shall be sent to the said learned Addl. Sessions Judge,. Gujranwala for his guidance and further to be careful in future. N.H.Q/M-281/L Bail cancelled.