Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.302/34---Juvenile Justice System Ordinance (XXII of 2000), S.7---Qatl-e-amd---Bail, grant of---Further inquiry---Only allegation against accused was to have caught hold of the deceased, while another accused caused Danda blows to the deceased---No direct allegation existed against the accused of committing murder of deceased---Applicability of Juvenile Justice System Ordinance, 2000, was also to be seen keeping in view the exact age of accused, which had not been properly determined by the Trial Court, being its own responsibility, notwithstanding the fact that no application was filed by the accused---Said point was specifically raised in bail application, but instead of constituting the Medical Board, the Trial Court had simply relied upon a certificate of Civil Surgeon, which was an improper approach---Age of accused was yet to be determined properly, therefore, case of accused was that of further inquiry---Accused was admitted to bail, in circumstances, with direction to the Trial Court to refer the matter to Medical Superintendent for constituting a medical board to determine age of accused. 1978 SCMR 353; 2010 MLD 185; 2005 MLD 1487 and 2008 PCr.LJ 715 ref. (b) Juvenile Justice System Ordinance (XXII of 2000)--- ----Preamble, Ss.2(b)(e) & 7---Nature and scope of Juvenile Justice System Ordinance, 2000---Determination of age---Juvenile Justice System Ordinance, 2000 was a special law and same would take precedent over the general law---Ordinance did not give any discretion to Trial Court to ignore its mandatory provisions---Purpose of the Ordinance was to provide protection to children in criminal litigation, their rehabilitation in society, reorganization of Juvenile Courts and matters connected therewith---Under the Juvenile Justice Rules, 2001, it was necessary for Provincial Government to establish and maintain borstal institution to keep and accommodate the juvenile with all arrangements to impart education and training for their mental, physical, moral and psychological development within the borstal institution---In order to properly implement the Juvenile…

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