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ABDUL SATTAR versus THE STATE


Section 497 of the Code of Criminal Procedure (CCPC), a young man of about 13/14 years old, only attacked and because of this, the fatal blow on the victim's young victim's chest, Who is not entitled to discount the guarantee on the terms. Rejected [Age Guarantee]
1977 P Cr. L J 905

[Lahore]

Before Aslam Riaz Hussain, C J

ABDUL SATTAR---Petitioner

versus

THE STATE---Respondent

Criminal Miscellaneous No. 1463/B of 1977, decided on 7th June 1976.

Criminal Procedure Code (V of 1898)-

---S. 497-Petitioner, a youngster about 13/14 years old, only assailant and attributed fatal churri blow on chest of deceased-Mere young age of petitioner, held, does not entitle him to concession of bail in circumstances-Bail declined.-[Age-Bail].

Din Muhammad and 4 others v. The State 1972 P Cr. L J 1229 distinguished.

Qazi Muhammad Salim for Petitioner.

Chaudhry Muhammad Anwar Khan for the State.

Date of hearing: 7th June 1977.

JUDGMENT

This is an application for bail by Abdul Sattar.

He is accused of offence under section 302, P. P. C.

2. He is named in the F. I. R. as the only assailant and has been attributed the fatal chhuri blow on the chest of the deceased.

3. Learned counsel for the petitioner submitted that the petitioner is 13/14 years old. He should, therefore, be released on bail. He relied on Din Muhammad and 4 others v. The State (1972 P Cr. L J 1229) in support of his contention. In that case Abdul Rashid who was granted bail on the ground of minority was not alleged to have inflicted any blow and the role assigned to him was that of a Jhappa. Moreover, during the last two years, I have noticed that youngsters below sixteen years have become reckless and taken to stabbing during quarrels over trivial matters. One of the reasons, probably, is the ease with which they are able to obtain bail from Courts, within a short time.

4. In view of the conduct of the petitioner in the present case that he has started stabbing at such a young age, 1 do not think that he is entitled to any concession. The application is, therefore, dismissed.

Petition dismissed.

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