Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302, 324 & 34---Juvenile Justice System Ordinance (XXII of 2000), Ss.10 & 12---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Juvenile accused---Entitlement for bail on statutory ground---Scope---Statutory period under S.10(7) of the Juvenile Justice System Ordinance, 2000, was one year in case juvenile was charged with an offence punishable with death or punishable with life imprisonment---Accused persons being juvenile, could not be awarded death penalty, but having been charged for an offence punishable with death the statutory period, as provided under S.10(7)(a) of Juvenile Justice System Ordinance, 2000 would be taken into consideration, which was one year---Accused were behind the bars for the period of more than two years---Challan against accused had been submitted after a period of more than seven months, followed by framing of the charge---Major portion of the prosecution evidence, though had been recorded, but material evidence i.e., the statements of the eye-witnesses and the Investigating Officer, were yet to be recorded, which could cause further delay---Non-appearance of the prosecution witnesses had caused delay in conclusion of trial---Accused persons, in circumstances, were entitled to the concession of bail on statutory ground of delay of more than one year---Accused, were admitted to bail, in circumstances. THIS ORDER PASSED BY: ROOH-UL-AMIN KHAN, JUSTICE:---. Syed Nauman Bacha and Syed Luqman Bacha, who have been declined bail on merit up to this Court, through this application, seek their release on bail on statutory ground in case FIR No. 191 dated 15.05.2014, registered under sections 302/324/34, P.P.C., in Police Station Par Hoti, District Mardan, in terms of section 10(7) of the Juvenile Justice System Ordinance, 2000 (hereinafter to be referred as the Ordinance). 3. Having heard the arguments of learned counsel for the parties, it appears from the FIR that petitioners along with co-accused Parvez, are charged for committing the murder of deceased Khalid Bacha and an attempt to commit the murder of complainant. The question of…

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