| Citation(s) |
|---|
| 2018 SLG 1052 2018 SLD 1052 2018 PCRLJ 498 |
Peshawar High Court
Cr. Misc. Bail Application No. 344-B of 2017, decision & hearing Dated: 25-09-2017.
ABDUL SHAKOOR, JUSTICE
Syed Fakhr-ud-Din Shah for Petitioner. M. Salim Awan for
Respondent. Shahid Hameed Qureshi, Additional A.G. for the State.
Cr. Misc. Bail Application No. 344-B of 2017, decision & hearing Dated: 25-09-2017.
ABDUL SHAKOOR, JUSTICE
Syed Fakhr-ud-Din Shah for Petitioner. M. Salim Awan for
Respondent. Shahid Hameed Qureshi, Additional A.G. for the State.
FAWAD KHAN
VS
JAMSHED KHAN AND ANOTHER
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324 & 34---Juvenile Justice System Ordinance (XXII of 2000), S. 10 ---Attempt to commit qatl-i-amd, common intention---Bail, refusal of---Juvenile involved in criminal case---Complainant had alleged that both the accused started firing at him with the intention to commit qatl-i-amd---Motive was verbal altercation---Parties were residents of same village and very much known to each other and incident had occurred in the day light---Accused persons were charged by name in promptly lodged FIR---Accused was assigned the role of firing which resulted into causing injuries to the complainant on abdomen, leg, knee, left thigh, forearm such multiple entry wounds supported the version of complainant---Two crime empties were also recovered from the spot by Investigating Officer---Section 10, Juvenile Justice System Ordinance, 2000 did not give concession of bail to a juvenile accused (above fifteen years) in an offence falling within prohibitory clause of S. 497, Cr.P.C.---Tender age could not be used as a license by a juvenile to kill or attempt to kill the innocent people---Some concession could be extended to juvenile during trial but not at bail stage---Bail was refused accordingly. Farmanullah and another v. The State and another 2005 PCr.LJ 1500 rel. (b) Juvenile Justice System Ordinance (XXII of 2000)--- ----S. 10---Criminal Procedure Code (V of 1898), S. 497---Bail to a juvenile---Scope---Section 10, Juvenile Justice System Ordinance, 2000 had provided some concession for accused who was under the age of fifteen years, but if he was involved in a case of heinous nature then he might not be released on bail. THIS JUDGMENT DELIVERED BY: ABDUL SHAKOOR, JUSTICE:---.--- Accused/petitioner namely Fawad Khan involved in case FIR No. 603 dated 23.08.2017 under sections 324/34, P.P.C., Police Station Saddar, district Bannu, after being refused concession of bail by the learned Additional Sessions Judge-II, Bannu has come to this court for the same relief. 2. Succinct facts as set out in the first information report, referred above are that complainant Jamshaid Khan in injured…
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