Law: Criminal Procedure Code (V of 1898)

Section: 497(5),497

Law: Juvenile Justice System Ordinance, 2000

Section: 10

Law: Pakistan Penal Code, 1860

Section: 302

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), S.302---Juvenile Justice System Ordinance (XXII of 2000), S. 10, last proviso---Qatl-e-amd---Bail, cancellation of---Juvenile accused---Misuse of concession of bail---Juvenile accused offending again after getting bail---Effect---Accused, who was purportedly a juvenile, committed carnal intercourse with the victim---Before accused could be arrested for the said offence he committed murder of the victim---Trial Court granted bail to accused on the grounds that he was a juvenile and that there was a delay in conclusion of his trial---Validity---Accused was wanted by the police for allegedly committing carnal intercourse with the victim, and instead of surrendering he allegedly opted to murder the deceased---After getting bail from Trial Court, accused was found involved in two other cases---Accused had not only misused concession of bail but even otherwise, he was not entitled for grant of bail on the ground of delay in final disposal of case---Bail granted to accused was cancelled in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Juvenile Justice System Ordinance (XXII of 2000), S.10, last proviso---Bail---Matters to be considered by court---Juvenile accused---In present times a male/female child gained sense of understanding things early and speedily as compared to older times on account of modernization in devices and technologies in all walks of life. Tauseef alias Captain v. The State and another 2009 PCr.LJ 978 ref. ORDER MAZHAR IQBAL SIDHU, J.---Petitioner got a case registered against the respondent as to murder of his son Muhammad Siddique vide F.I.R. No.159/10 under section 302, P.P.C. Police Station Saddar Sammundari District Faisalabad on 31-3-2010 over the motive of pedophilia for which the case was registered against the respondent Ghulam Murtaza vide F.I.R. No.678 of 2009 at Police Station Saddar Sammundari in which the respondent was wanted by the police. The respondent was granted bail on the ground of temporization by the learned trial court on 28-5-2012 after declaring the respondent as juvenile. 2. Learned counsel for the petitioner…

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