Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 324,337-F,109

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324, 337-F 109---Attempt to commit qatl-i-amd, ghayr-jaifah and abetment---Bail, grant of---Accused, under the age of sixteen years---Scope---Accused was alleged to have attempted at the life of the complainants brother---School leaving certificate of the accused showed his date of birth as 13 years and 08 months---Prosecution had not alleged that the certificate was forged or fabricated---Bail was allowed on the ground of minority as the case of accused fell within the ambit of S.497(1), Cr.P.C. 2007 PCr.LJ 762; 1994 PCr.LJ 1102; 2012 SCMR 1400; PLD 2012 Lah. 433; 2006 Pcr.LJ 1450 and 1999 MLD 1526 ref. (b) Criminal Procedure Code (V of 1898)--- ---S. 497---Bail---New grounds---Scope---Any ground not mentioned in bail petition can be raised at any time of the arguments with the exception that the opposite party should not be taken by surprise. ORDER MALIK HAQ NAWAZ, JUSTICE:---.--- The petitioner Saif-ur-Rehman seeks bail in the offences under sections 324, 337-F/109 P.P.C. vide FIR No.25/2019 dated 27-07-2019 registered at Police Station Juglote. 2. The brief facts of the case have been highlighted in para 2 of the impugned judgment, which are re-produced as under:- Brief facts of prosecutions case according to FIR are that petitioner/accused on instigation of his father namely Muhammad Younus opened fire on victim Masood Alam with intent to murder him and caused hurt him. Hence on written application of victim who is brother of victim, FIR No.25/2019 has been registered in Police Station Juglote Gilgit under sections 324, 337-F and 109 P.P.C. 3. The learned counsel for the petitioner submitted that the petitioner is a school going boy and his age is hardly about 13 years. The petitioner opened a single fire on the victim and did not repeat the same, which shows that there was no intention to kill. Per learned counsel the fire shot opened by the petitioner landed on non vital part of the body. The attraction of section 324 P.P.C. need further inquiry and the petitioner…

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