Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324 & 34---Juvenile Justice System Ordinance (XXII of 2000), Ss. 2(b) & 10---Attempt to commit qatl-i-amd, common intention-Bail, grant of-- Offender under the age of fifteen years- Complainant alleged that accused fired at him with pistol as a result of which he sustained injuries on his feet- Complainant was called by accused on his mobile phone; call data record was not made part of record which could have fortified stance of complainant---Medico-Legal Report showed three injuries on toes, right knee and non-vital parts of body of complainant--- Card of arrest of accused depicted that he was fourteen years old therefore he was juvenile within definition of clause (b) of S. 2 of Juvenile Justice System Ordinance, 2000 read with rules framed thereunder---Complainant had not challenged the age of accused before any forum---Under S. 10 of Juvenile Justice System Ordinance, 2000 accused was entitled to concession of bail however proviso to said section had placed embargo on grant of bail to a child of fifteen years or above if offence was serious, heinous, gruesome, brutal, sensational -in character or shocking to public morality or he was a previous convict of an offence punishable with death or imprisonment for life-- Investigation in case was complete and accused was no more required for further investigation-Without dilating upon merits of the case accused was entitled to grant of bail under S. 10 of Juvenile Justice System Ordinance, 2000---Bail was granted accordingly. THIS JUDGMENT DELIVERED BY: ISHTIAQ IBRAHIM, JUSTICE:---.--- Bakhtiar, petitioner having been involved in case FIR No. 313 dated 11.5.2016 under sections 324/34, P.P.C, Police Station Lakki, District Lakki Marwat, has filed the present bail petition for his release on bail. 2. Prosecution case is that complainant Muhammad Salim was called on mobile phone by petitioner and when he reached the spot, there co-accused Ismail (empty handed) ordered his son Bakhtiar (petitioner) to kill, by complying the command, petitioner fired at the complainant with his .30 bore pistol as a result of which he sustained…

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