Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/147/148/149---Juvenile Justice System Ordinance (XXII of 2000), Ss.10(5) & (7)---Qatl-e-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Further inquiry---Plea of being a juvenile---Contentions of the accused were that he had been falsely implicated in the crime due to tribal land enmity; that accused was alleged to be carrying a double barrel gun but the measurement of the injury in the postmortem report showed that it was not caused by a double barrel gun but through a pistol, rifle or Kalashnikov; that not a single pellet was recovered from the body of the deceased; that as per the school leaving certificate of the accused, he was about 17 years of age at the time of the alleged offence, and that the complainant of the case was the uncle of the accused, who was fully aware of his correct name, but still the F.I.R. mentioned his wrong name, which created doubt that it was a case of mistaken identity---Validity---Medical Board opined that the age of the accused appeared to be 18/19 years---Proviso to S. 497, Cr.P.C, provided that the court might release a person on bail who was found to be under the age of 16 years, which was not applicable in the present case as the accused himself admitted that at the time of the incident, he was 17 years of age---Accused was involved in an offence under S.302, P.P.C, which was punishable with death or in the alternate life imprisonment, therefore, in view of S.10(7) of the Juvenile Justice System Ordinance, 2000, it had to be demonstrated that no delay had been caused by the accused in the conclusion of his trial, which would entitle him to be released on bail---Nothing had been placed on record to show status or stage of trial or the reason of delay in trial, if any---Mentioning the wrong name of the accused in the F.I.R. created doubt and possibility of his false involvement and or mistaken identity could not be ruled out---Accused was alleged to have fired upon the deceased from his double barrel gun but postmortem report indicated that no pellets were found in the body of the deceased and…

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