Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/504/114/147/148

Law: Juvenile Justice System Ordinance, 2000

Section: 10,12

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/504/114/147/148--¬Juvenile Justice System Ordinance (XXII of 2000), Ss.2(b), 10 & 12--¬Bail, grant of---Accused who claimed to be a "child" at the time of commission of offence having not attained the age of 18 years, was referred by Trial Court to Medical Superintendent for determination of his age---Medical Board consisting of Head of Departments of Surgery, Forensic .Medicine, Medicines, Radiology and Orthopaedic after examining the accused opined that at the time of examination age of accused was about 18 years which would mean that at the time of commission of offence, accused was about 16-1/2 years of age---"Child" under S.2(b) of Juvenile Justice System Ordinance, 2000 had been defined as a person who, at the time of commission of offence, had not attained age of 18 years and under S.12 of the said Ordinance---Sentence of death could not be awarded to a child and under S:10(7), proviso (a) of the Ordinance a child who, for commission of an offence, had been detained, would be released on bail, if being accused of an offence punishable with death had been detained for a continuous period exceeding one year and whose trial for such an offence had not been concluded---Accused being child having remained in jail for more than a year, was granted bail. Muhammad Ahmed alias Anjum v. State PLD 1974 Kar. 459; Sirajuddin v. Sageeruddin alias Goga and another 1970 SCMR 30; Yousif v. The State 1975 PCr.LJ 936; Raja Amanullah and others v. The State 2002 MLD 1817; Mansoor Ahmed and others v. The State 2002 PCr.LJ 657 and Asghar Ali v. The State 2002 MLD 1566 ref. THIS ORDER PASSED BY: MUHAMMAD ROSHAN ESSANI, JUSTICE:---.--- The facts leading to present application for bail are that applicant/accused is facing trial before 1st Additional Sessions Judge, Hyderabad in a case under sections 147, 148, 114. 302, 504, P.P.C. which arose out of F.I.R. No. 6 of 2000 of Police Station Khaibrani. The brief facts of the prosecution case as disclosed in, the F.I.R. lodged by Shauban on 24-2-2003 at police station are reproduced herein below:-- "Complaint is that I reside at above address and…

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