Find a Lawyer

Criminal Miscellaneous No. 1989-B of 1982, decided on 19th October, 1982.

-- S. 497-Bail, grant of-According to school leaving and medical certificates petitioner less than 16 years of age-Petitioner charged with offence of Zina punishable with maximum sentence of 5 years' imprisonment-Petitioner's case, held, would not fall within prohi bitory clause of S. 497, Cr. P. C.-Bail allowed, in circumstances.

Ch. Muhammad Abdus Saleem for Petitioner.

Abdul Rashid for the State.

This is an application for bail on behalf of Shakil Ahmad petitioner in the case under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered at P. S. Sadar, Wazirabad, vide F. I. R. No. 145 dated 9th June, 1982.

2. The prosecution case is that the petitioner committed rape upon Mst. Sughran Bibi on 9th June, 1982 in the area of village Dhaunkal of P. S. Wazirabad.

3. Learned counsel for the petitioner submits that the petitioner being a minor, his case does not fall within the prohibitory clause of action 497, Cr. P. C. Furthermore, under section 7 of the Offence of Zina ordinance, 1979. the maximum punishment to be awarded to the petitioner is 5 years' R. I.

4. After hearing the learned counsel I find that according to the school leaving certificate and the medical certificate, the petitioner is less than 16 years of age. He is also a student of 8th class.

Without making any expression lest it may prejudice the merits of case the petitioner is allowed bail on the ground that he is not an adult person and the maximum punishment being 5 years, his case also does not fall within the prohibitory clause of section 497, Cr. P. C. He shall be released on bail on his furnishing bail bond in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of A. C. Wazirabad.

Bail granted.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.