Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Juvenile Justice System Ordinance, 2000

Section: 7

Law: Pakistan Penal Code, 1860

Section: 34,392

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.392/34---Juvenile Justice System Ordinance, 2000 (XXII of 2000), S.7---Robbery---Bail, grant of---Co-accused had been granted bail---Submission of accused was that he being 15/16 years of age, deserved leniency---Once ground was taken by accused that he was a child, it was the duty of the court to resort to proceedings under S.7 of the Juvenile Justice System Ordinance, 2000 for determining his age---Such step had not been taken by the court below---Accused was admitted to bail, in circumstances. THIS ORDER PASSED BY: SHAHID ANWAR BAJWA, J.--- F.I.R. No.167 of 2011 was recorded at Police Station North Nazimabad on 25-4-2011. The complainant stated main door of his house was open when at about 11-30 p.m. three boys entered and closed it from inside. They made his family members sit in one room and one person stood guard over them while the other two persons robbed gold ornaments and licensed pistol. Sound of police vehicle came. One boy jumped from the window while two others were arrested by the police. Upon physical search from co-accused one pistol in his pocket was recovered. Nothing was recovered from the present applicant. It is stated that robbed articles and the pistol were with the accused who had run away. Learned counsel for applicant submitted that inspection note of Jai-e-Wardat states that it was a lawn of 80 sq. yds. and in only 80 sq. yds. how can be window opening into another house. This is obviously question of deeper appreciation which can only be done by the trial Court after recording evidence. Therefore, this ground taken by the learned counsel does not, and it was correctly contended by the A.P.-G. hold water. Learned counsel submitted that nothing has been recovered from the present applicant and co-accused has been granted bail vide order dated 23-6-2011. He further submitted that applicant is a person of 15/16 years of age and deserves leniency. Learned A.P.-G. submitted that no copy of such…

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