Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.324 & 325---Pakistan Arms Ordinance (XX of 1965), S.13---Attempt to commit qatl-e-amd and suicide, possessing unlicensed arms---Bail, refusal of---Accused, a minor---Matter had promptly been reported by the complainant---Two independent witnesses, had fully supported the prosecution case---Weapon of offence i.e. 30 bore pistol, along with fixed charger having three live rounds, and two empties from the spot, coupled with injuries on the vital part of the victim and accused, were sufficient to prima facie connect accused with the commission of offence---Mere fact that accused was minor, would not ipso facto, entitle accused to the concession of bail---Accused had attempted at the life of a student of 8th class, causing her firearm injury on her chest---Life destroying act of accused; loading of an automatic weapon; boldly firing at the victim; and then self annihilation and suicidal attempt, were sufficient to indicate the maturity of mind of accused at the time of commission of offence---Gravity of act, must receive corresponding consideration in dealing with the bail matter as well---Accused was prima facie, connected with the commission of offence; and at bail stage, deep appraisal of evidence, was not desirable particularly in the case, where challan had already been put in court; and the trial was likely to commence in the near future---Any expression of opinion on merits of the case, was likely to prejudice the mind of the Trial Court during trial---Discretion could not be exercised in favour of accused---Bail application of accused having no merits, was dismissed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Minority of accused, per se would not be considered a valid ground for release of accused on bail as of right---Legislature while inserting Proviso-I of S.497, Cr.P.C., had very wisely used the word "may" instead of "shall", and the discretion had been left with the court to consider every case on its own merit---Court could not be swayed away by plea of minority alone. JUDGMENT ROOHUL-AMIN KHAN, J.---Petitioner Shayan, aged…

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