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SIRAJ DIN versus SAGHIR-UD-DIN


Criminal Code of Conduct (v. 1898), Section 497 X-ray Examination, VK's Guaranteed Age Proves 17 Years 17 Years

1970 S C M R 30

Present : A. R. Cornelius, C. J. and S. A. Rahman, J

SIRAJ DIN‑Petitioner ,

versus

SAGHIR‑UD‑DIN alias GOGA AND ANOTHER‑Respondents

Petition for Special Leave to Appeal No. 272 of 1967, decided on 24th October 1969.

(On appeal from the order of the High Court of West Pakistan, Lahore, in Criminal Miscellaneous No. 4163/67, dated the 2nd October 1967).

Criminal Procedure Code (v of 1898),

S. 497‑Bail‑Age of V accused on X‑ray examination found to be 16‑17 years‑Good ground for bail even in case of capital offence.

A. Waheed, Advocate Supreme Court instructed by Abdul Kari, Attorney for Petitioner.

Nemo for Respondents.

Date of hearing : 24th October 1967.

ORDER

CORNELIUS, C. J

.‑This accused, who has been granted bail by the High Court is evidently a minor. The age based on X‑ray examination is between 16 and 17 years. That is a ground on which bail may be granted even in a case of a capital offence, arid it is clear that there has been no excess of power, or irregularity in the exercise of discretion.

The petition is dismissed.

Leave refused.

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