Law: Criminal Procedure Code (V of 1898)

Section:

i) Criminal Procedure Code (V of 1898) ——S. 497 (1) Proviso—Minor—Grant of bail to—Rule of—Held : Person under age of sixteen years to be granted bail unless there be something in his conduct ^apart from normal acts constituting offence in question) disentitling hani to such grant. [P. 283]5 PLJ 1979 SC 330 rel.  (\\) Criminal Procedure Code (V of 1898)— —- S. 497(1) Proviso read with Offence of Ziria--(Enforcement of Hadood) Ordinance (VII of 1979)—S. 12 & Pakistan Penal Code (XLV of I860)—S. 377—Kidnapping in order to subject person to unnatural lust — Offence of—Minor —Grant of bail to—Petitioner, minor under age of sixteen years, allegedly persuading victim to accompany him and committing carnal intercourse with him against order of nature—Held : There being nothing in conduct of 'peti­tioner, apart from normal acts constituting offerees in question, disentitling minor to grant of bail, application for grant of same to be allowed. [P. 283]C (iii) Criminal Procedure Code (V of 1898)— ------ S. 497 (1) Proviso read with Offence of Ziaa (Enforcement  of Hadood) Ordinance (VII of 1979)—Ss. 12 & 2 (a)—Kidnapping in order to subject person to unnatural lust—Offence of—Minor— Grant of bail to—Adult—Definition of—Applicability of—Held : Question of grant or refusal of bail being governed exclusively by S. 497 read with S. 498, Criminal Procedure Code, definition  of word "adult" in S. 1 (a) of Ordinance to be wholly irrelevant. [P. (if) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)— ------- S. 12—See : Criminal Procedure Code (V of 1898)—S, 497 (1) proviso. ORDER By a short order dated 16-12-1981, I had granted bail to petitioner Abdul Mannan. This order gives the reasons on the basis of which said bail was granted. 2. The charge against the petitioner is that on 23-5-1981, he per­suaded Maula Ditta, a small boy aged 67 years and a student of first class of Primary School to accompany him to a field at about 12-30 p.m. after the…