Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Pakistan Penal Code, 1860

Section: 302

Law: Juvenile Justice System Ordinance, 2000

Section: 10(7)

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Juvenile Justice System Ordinance (XXII of 2000), S.10(7), proviso---Penal Code (XLV of 1860), S. 302---Bail, cancellation of---Main ground for grant of bail to accused was that. he was minor and his age was less- than 16 years---Court, according to Proviso to S. 10(7) of Juvenile Justice System Ordinance, 2000, might refuse to grant bail to an accused of the age of 15- years or above, if he was involved in an offence which in its opinion was heinous, serious, gruesome, brutal and sensational in character or shocking to public morality---What more heinous or gruesome offence could be than that of taking the life of an innocent person just on a dispute over the land, as alleged against the accused---Even otherwise, record did not reveal at all that the accused was minor at the time of occurrence---Accused was involved in an offence punishable with death or imprisonment for life, but he even did not remain in jail for a period of one year---Sessions Court by making observation regarding recovery of weapon of offence while granting bail to accused, had in Pact decided the case at a premature stage rather had pre-empted the trial---Bail allowed to accused was cancelled in circumstances. THIS ORDER PASSED BY: KHAWAJA MUHAMMAD SHARIF, J.--- In addition to the submissions made by learned counsel for the petitioner noted in the order, dated 12-4-2007, it is submitted that the way, which has been adopted by learned Addl. Sessions Judge, Gujranwala for granting bail to the present respondent is illegal, unjustified and not recognized by Criminal Justice System of this country. He further submits that present respondent is the main accused, even a year has not passed when the bail has been granted, that learned Addl. Sessions Judge while granting bail to the respondent has gone into deeper appreciation of evidence, which is not allowed in such like matter. 2. On the other hand, learned counsel for the respondent submits that he is minor, that he was 16 years of age at the lime of occurrence, that he has not misused the concession of bail, that he has been rightly granted bail by learned Addl. Sessions Judge, that he…

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