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Criminal Miscellaneous Nos. 619‑B and 742‑B of 1983 decided on 27th March, 1983.

----S. 497‑‑Bail, grant of‑[Murder case]‑Question whether peti tioner a minor at time of commission of offence, disputed and remain ing unresolved for want of evidence‑Petitioner named as member of party and participated in causing injures to complainant‑Bail declined, in circumstances.

Mehar Ghulam Ali Mubashar for Petitioner.

Cr. Misc. No. 619‑B of 1983

[12‑3‑83]‑The petitioner in this case is accused of offence under sec tions 302/34, P. P. C. It is alleged that petitioner alongwith his three co -accused caused murder of Muhammad Yar.

2. Learned counsel for the petitioner submits that according to the F. I. R. petitioner is alleged to have caused simple injuries to the complai nant and he is a minor whose age is 14/ 15 years.

3. According to the police petitioner is aged 19 years. There is no material on record for coming to the conclusion that case of petitioner is covered by the Proviso of section 497 (1), Cr. P. C. Even otherwise peti tioner was named as a member of the party and participated in causing injuries to the complainant. Prima facie there are reasonable grounds for believing that petitioner has committed the offence alleged against him.. This petition is dismissed in limine.

Cr. Misc. No. 792‑B of 1983

[27‑3‑83]‑Petitioner is accused of offence under section 302/34, P. P. C. He alongwith his three co‑accused allegedly caused murder of Muhammad Yar. Specific allegation against him is that he caused simple injuries to the complainant. This is a second application. His earlier application was dismissed on merits.

2: It has been argued that relevant record having been destroyed is not available for supply of birth entry but copy of the School Leaving Certificate has been received according to which petitioner was born on 15th November,‑1966. It is argued that his case is covered under the proviso to section 497 (1), Cr. P. C. and that petitioner was a student of 8th class at the time of occurrence.

3. According to the police petitioner is about 19 years of age. O merits his application has earlier been dismissed. I do not want to enter into merits of this case. Prima facie there are reasonable grounds to believe that the petitioner is guilty of the offence alleged against him. It will be open to the trial Court to consider the question of grant of bail to the petitioner before his conviction and sentence. I do not consider it fit to enlarge the petitioner on bail. This petition is dismissed in limine.

S. G. D. Bail refused.

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