Law:

Section:

Constitution Procedure Cods (V of 1898)-- S. 497(5) Bail, cancellation of First medical examination of accused for ascertaining his age carried cut on orders of Inquiry Magistrate but trial Judge not being satisfied with such examination, same having not been based on X ray of accused, ordering fresh examination Held Procedure adopted laudable and not open to criticism Admission of accused to bail on ground of no overt act having been attributed to accused, held, grope' and not open to Inter¬ference. JUDGMENT G. SAFDAR SHAH, J. This petition for leave to appeal arises out of an order of Peshawar High Court dated 6 12 1976 by which the application of petitioner seeking the cancellation of bail, granted to the two respondents by the trial Court was dismissed. The order of the High Court would show that accused Chaman Badahah was found to be 16/17 years old and so the bail granted to him on that ground was proper. However, the order does not mention as to on what ground the other accused was enlarged on bail. But is situation seems to be covered by the order of the learned trial Judge who held that since no overt act bad been attributed to him, he too eras entitled to bail. The learned counsel has taken exception to the order of the High Court on the ground Inter alia (l) that accused Chaman Badshah was found by the Medical Superintendent, Bannu to be 17 years old and (ii) that the learned` trial Judge had erred by referring accused Chamin Badshah for second medical examination. There seems to be no force in either of these contentions. It is true that Medical…

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