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Criminal Miscellaneous No. 7252 of 1969, decided on 23rd December 1969.

--S. 497 (1), Provision, Bail Blows by accused not affirmed by medical evidence-Accused tinder 16 years of age--Mere existence of Order of commitment for trial- Cannot hr equated with finding that "there appear reasonable grounds for believing that accused was guilty of an offence punishable with sheath or transportation for life": -Case, held. Covered by Proviso to S. 497 (1)-- Bail granted in circumstances---Penal Code, 1860 S. 304/.34,

Muhammad Husain Chaudhry for Petitioners

Sh. Muhammad Usman; for the State.

This is a petition for bail under section 498, Cr. P. C.

2. Ghulam, Nawaz and Khan have been committed to the Court of Sessions under section 304/34, P. P. C. by the Magistrate Ist Class, Jhang, by his order dated the 29th of September 1969. The learned committing Magistrate, in his order, found that the accused persons had no previous enmity- against Pahlwan deceased and it was on sudden flare that the accused started giving him injuries, when he asked them not to abuse Mohabbat P. W. He further found that there was sufficient evidence to connect the accused with the crime and in his view a prima facie case under section 304,/34, P. P. C. was made out against them.

3. I have heard the learned counsel for the petitioners and the State at some length. Ghulam alias Gaman has been assigned specific part and is alleged to have given three sota blows which landed on the head of the deceased. The ocular account on that score is corroborated by the medical evidence. Therefore, I dismissed the application of Gaman in limine by my order dated the 4th of December 1969. The prose4ution alleged that the other accused inflicted Bang blows but this is not affirmed by the medical evidence on the record. In addition, Muhammad Nawaz was born on the 15th of January 1954 as shown in his school leaving certificate and, therefore, at the time of the alleged incident he was under 16 years of age and his case is covered by proviso to subsection (I) of section 497, Cr. P. C. It is true that the case has been committed under section 304/34, P. P. C. but the mere existence of an order of commitment for trial cannot, be equated with a finding that "there appear reasonable grounds for believing that the accused was guilty of an offence punishable with death or transportation for life." Considering all their circumstances of the case, I admit Nawaz and Khan to bail provided they furnish security in the sum of Rs. 15,000 each with one surety in the like amount to the satisfaction of A. D. M., Jhang, pending the decision of the case against them.

Bail granted.

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