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Criminal Procedure Code (V of 1898)‑‑‑

----S. 497. (1)‑Bail‑Petitioner aged 14 years at time of occur rence‑Petitioner's case, held, covered by proviso to. subsection (1) of S. 497‑Bail granted in circumstances of case‑Penal Code (XLV of 1860), S. 302/34.‑[Age].

Haft Fazal Elahi v. Miss Farah Naz 1979 S C ‑M R 109 ref.

Miss Tallat Yaqub for Petitioner.

Nemo for the State.

Muhammad Ashiq petitioner along with his father‑ has been‑sent up by Police Station Warburton District Sheikhupura, for the murder of Liaquat Ali on the 25th September, 1979 at about 4 p. m. The bail is argued on the point that the. petitioner at the time of occurrence was 12/ 13 years in age and in support thereof a copy of medical report made to the learned Sessions Judge by the Medical Superintendent, D. H. Q. Hospital, Sheikhupura, has been obtained, and according to the X‑Ray report the age of the petitioner works out to be 12‑14 years and as per his height, weight and general body, in the opinion of the doctor the petitioner's age is 14‑15 years. The petitioner has also placed on record on extract from the birth -entry register of Chak No. 75, District Sheikhupura, according to which the petitioner was born on the 17th March, 1965, which would mean that on the day of occurrence he was about 14 years old. .

In this view of the matter, the case of the petitioner is coveted by proviso to (subsection of section 497 of the Code of Criminal Procedure therefore he is allowed bail in the sum of Rs. 25,000 (Rs. Twenty‑five thousand) with two sureties each in the like amount to the satisfaction of A. C. Sheikhupura, and in this regard I would refer to Haji Fazal Elahi v. Miss Farah Naz (1979 S C M R 109).

Bail granted.

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