| Citation(s) |
|---|
| 1979 SLG 218 1979 SLD 218 1979 PLD 477 |
Lahore High Court
Criminal Miscellaneous No. 2908/8 of 1978, decided on 13th August, 1978.
RUSTAM S. SIDHWA, J
Abid Hassan Minto for Petitioner. M. B. Zaman for the Complainant. Irshad Ahmad for the state.
Criminal Miscellaneous No. 2908/8 of 1978, decided on 13th August, 1978.
RUSTAM S. SIDHWA, J
Abid Hassan Minto for Petitioner. M. B. Zaman for the Complainant. Irshad Ahmad for the state.
Miss FARAH NAZer
VS
The STATE--Respondent
Law:
Section:
(a) Criminal Procedure Code (V of 1898)- S. 497 (1)-Bail-Age-Municipal Committee and School Leaving Certificates showing petitioner's age as 15 years and 5 months--Another School Leaving Certificate showing her age as 10 years and 2 months--Age treated as 16 years for purpose of bail.-[Age]. b) Criminal Procedure Code (V of 1898)- S. 497 (1), proviso -Bail-Benefit of concession provided in proviso, held, cannot be claimed as of right-Proper appraisal of facts and surrounding circumstances necessary before exercising discretion. It is true that nobody can claim the benefit of the concession as provided in the first proviso to subsection (1) of section 497, Cr. P. C. as a matter of right. The Court must exercise its discretion on a proper appraisal of the facts and the surrounding circumstances of the case, not unmindful of the fact that this concession is provided in heinous cases of murder as well. (c) Criminal Procedure Code (V of 1898)- -- S. 497 (1), proviso-Bail-Juvenile persons-Mere fact of large number of injuries being inflicted by accused-Does not per se disentitlc them-to bail-Penal Code (XLV of 1860), S. 302.-[Age]. Muhammad Saleem v. State P L J 1974 Cr. C. (B J) 442 rel (d) Criminal Procedure Code (V of 1898) S.497 (1), proviso-Bail-Delay-Age-Petitioner young girl of tender age having attacks of pain in eplgastrium, and breaking studies because of ailment-Delay in trial anticipated-Bail allowed in circumstances of case.-Penal Code (XLV of 1860), S. 302.--[Delay-Age]. Sikander Hayat v. State 1972 P Cr. L J 74 ref. ORDER This is a petition under section 497/498, Cr. P. C. moved by Mst. Farah Naz petitioner for bail in connection with a case instituted against her at Police Station, Aabpara on 22-6-1978 under section 302, P. P. C. 2. The F. I. R. in this case was lodged by Police Constable Abdul Ghafoor who alleged that while he was on duty at West Point of Shakar Parian at about 4-30 p.m. on 22-6-1978, he heard the report of a gunshot from near the Parking side and upon reaching there he found the petitioner armed with a revolver pointing the revolver at the deceased Mushtaq. Both of them were standing near a Suzuki Van Parked at the spot. In the…
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