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Criminal Miscellaneous No. 3407/13 of 1974, decided on 12th December 1974.

‑‑ S. 497(5)‑Bail, cancellation of‑Accused, although guilty of murder yet allowed bail by Sessions Court on solitary ground of his young age, being less than 16 years at time of offence‑Accus ed apprehended with blood‑stained dagger at spot and taken to Police; deceased receiving as many as 10 injuries at the hand of his assailant and accused intimidating a prosecution witness after release on hail‑‑‑Bail cancelled, in circumstances.

Abdul Waheed Butt for Petitioner.

Masood Akhtar for Respondent,

Ghulam Kadir for the State.

This is an application filed by Fateh Muhammad petitioner (complainant) against Mahmood respondent for the cancellation of his bail allowed by the Sessions Judge, Gujrat. Respondent Mahmood is accused of the murder of Nasir alias Bhola. He was apprehended at the spot by four eye‑witnesses. Two witnesses have been examined by the committing Magistrate so far. The respondent was allowed bail on the solitary ground of his young age According to the medical certificate, he was below 16 years of age.

2. Learned counsel for the petitioner has contended that in fact, the respondent was over 16 years of age and the medical certificate did not give the correct date of his age. He next contended that Abdul Qayyum P. W., who is a Manager at Taranam Cinema, is a disinterested witness, has been harassed by the respondent about this fact and he has made a report to the police. Learned counsel for the, respondent has replied that the police has not taken any action on this report of the witness.

3. Learned counsel appearing on behalf of the State does not support this petition. It is alleged that the eye‑witnesses are disinterested. Manager of a Cinema who is also a witness in this case has reported against the respondent about his misbehaviour. Although the respondent is said to be less than 16 years according to the doctor's report, the fact remains that he was apprehended with blood‑stained dagger at the spot, and taken to the police. The deceased received 10 injuries at the hand of the respondent. The respondent has also intimidated a witness, who is not a relation of the deceased. For the foregoing reasons. I accept this petition and cancel the bail of the respondent. The respondent be arrested by the concerned district authorities and be kept in jail as an under‑trial prisoner. The record of the case be sent back forthwith.

Petition allowed.

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