Law:

Section:

Criminal Procedure Code (V of 1898)-- Ss. 497 & 498 read with Penal Code (XLV of 1860), S: 302/34¬Bail in murder case Court's discretion to allow bail to accused below age of 16 years Held, attendant circumstances of crime cannot be lost sight of while exercising such discretion Allegations made by prosecution showing that accused opened attack on deceased an elderly man and fired several revolver shots at him Order of High Court= granting bail to accused set aside and bail cancelled. [Age]. ORDER ANWARUL HAQ, J. After hearing the learned counsel for the parties we have decided to convert this petition into an appeal, and we proceed to dispose it of accordingly. The respondent Muhammad Rafique, who is facing prosecution under section 302/34, P. P. C. for the murder of one Ch. Farzand Ali, father in-law of the present petitioner, has beets allowed bail by a learned Judge of the Lahore High Court by his order dated 1 7 1975 on the ground that he was below sixteen years of age on the date of the occurrence. The petitioner seeks leave to appeal against this order. It is contended that the learned Judge in the High Court was in error is placing reliance on the school leaving certificate produced by the respondent in support of his date of birth, as the respondent had joined the school only in 1974, and, therefore, the birth entry recorded there was not necessarily genuine: that on the contrary, the X ray and medical examination conducted by the Medical Superintendent of the District Headquarters Hospital, Dera Ghazi Khan, on 21 6 1975 showed that on that date the respondent was about 17 years of age; and that in any case the discretion allowed to the Court under the proviso to section 497, Cr. P. C. had to be exercised in the light of the attendant circumstances of the case, which showed that the respondent had played the leading role in launching the attack on the deceased. It is finally submitted that the case also stands committed to the Court of Session since 10 1 1976. The petition is supported by Mr. Muhammad Abdullah Bajwa learned counsel appearing for the State. On behalf of the respondent, Kh. Sultan Ahmad submits that the commitment of the case to the…

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