Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Criminal Appeal No. 34 in Criminal Petition for Special Leave to Appeal No. 135 of 1983, decided on 18th April, 1983.
--Ss. 497 & 498‑Bail in murder case on ground of tender age of accused‑Plea that appellant was below 16 years of age at time of incident supported by his school leaving certificate but rejected by High Court on ground that according to Police appellant was 19 years of age‑View expressed by police regarding age of appellant‑‑Held, not sufficient to reject appellant's plea of tender age in circumstances of case‑Bail granted.
Mehar Ghulam Ali Mubashar, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
Tanvir Ahmad Khan Asstt, Advocate‑General for the State.
Date of hearing : 18th April, 1983.
Muhammad Anwar petitioner seeks leave to appeal against the order of a learned Single Judge of the Lahore High Court, dated 12‑3‑1983 dismissing his application for bail.
2. He was accused in a murder case and applied for grant of bail on the ground of tender age. It was submitted that he was below 16 years of age at the time of incident. The plea was supported by an entry in hi school leaving certificate. The learned Judge, in chamber, however, rejected this plea on the ground that according to the police the petitioner was 19 years of age.
We are afraid this was not a sound ground for rejecting the plea. We issued notice to the State and have beard the matter as an appeal after grant of leave,
3. The learned Assistant Advocate‑General could not raise any objection against the genuineness of the school leaving certificate or the entries therein. We are of the opinion that the view expressed by the police was not sufficient to reject the appellant's plea of tender age in view of the entries in the certified copy of the school leaving certificate. The appeal is, therefore, accepted and the appellant Muhammad Anwar is allowed bail in the sum of Rs. 20,000 with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Bhalwal.
S. Q. Bail allowed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer