Law: Criminal Procedure Code (V of 1898)

Section: 497,439

Law: Juvenile Justice System Ordinance, 2000

Section: 4(3)

Law: Pakistan Penal Code, 1860

Section: 302,34

Criminal Procedure Code (V of 1898)---- ----Ss. 497 & 439---Penal Code (XLV of 1860); S.302/34---Juvenile Justice System Ordinance (XXII of 2000), S.4(3)---Bail---Confessional statement of co-accused had been reduced into a report of the Daily Diary with mala fide intention by the Investigating -Officer to involve the accused as his accomplice in the murder of the deceased and for providing of harbour after the commission of the crime---Said report of the co-accused was not fully supported by his judicial confession---No evidence connecting the accused with the offence was available on record who could be better a prosecution witness against his co-accused---Accused even otherwise was a. minor---Bail was allowed to accused in circumstances---Accused according to the documents produced on record appeared to be below the age of eighteen years and he could only be tried by a Court constituted under the Juvenile Justice System Ordinance, 2000---Prosecution was consequently directed to submit the case of accused to the Said Court---Revision petition was accepted accordingly. JUDGMENT Criminal Revision No. 18 of 2002 and Criminal Miscellaneous No.284 of 2002 are filed by the same accused/petitioner Ghulam Mustafa against the order of learned Judge, Anti-Terrorism Court, Dera Ismail Khan dated 8-8-2002 arising from case F.I.R No.184 dated 16-6-2002 under section 302/34, P.P.C, of Police Station Saddar, Dera Ismail Khan whereby prayer for transfer of the case from the Anti Terrorism Court to the Court of ordinary jurisdiction under section 23 of A.T. Act, 1997 and prayer for concession of bail were refused. Since both these matters arise from the same common order are disposed of jointly. 2. Muhammad Naqi Shah lodged report about the murder of his brother Muhammad Taqi Shah. In the averments of his F.I.R, he disclosed that on the preceding night his brother offering the prayer in mosque went to the rainy water channel Mandra Saidan Wali and did not return home., On search, he found the dead body of his brother murdered by unknown persons in the said rainy water channel. He disclosed no enmity with any body and charged none for committing the murder of his deceased…

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