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Criminal Miscellaneous No. 279-B of 1978, decided on 14th March, 1978.

-- S. 497 (1) proviso-Bail---Age of accused-Accused firing gun shot at deceased and committing his murder intentionally-Offence with which accused charged punishable with death or imprisonment for life-Discretion for grant of bail, held; could not be exercised on sole ground that accused was of sixteen years of age - Bail refused.-[Age].

S. 497 (1) proviso - Bail - Discretion given under proviso to S. 497 (1), Cr. P. C., held, is to be exercised judiciously.

Malik Muhammad Qasim for Petitioner.

Kh. Gul Muhammad Butt for the State.

The learned counsel for petitioners contended that the co-accused namely, Aurangzab (father of the present petitioner) has been found innocent and his name has been shown in column No. 2 of the challan and for that reason, the prosecution story stood, belied, and that the peti tioner is below the age of sixteen years and his case is covered under proviso to section 497 (1), Cr. P. C.

It has been stated that Aurangzeb, whose name was shown in column No. 2 of the challan has already been released and he has been given the benefit of doubt. As regards the case of the present petitioner, he was stated to be armed with gun and he had fired gun-shot at Qaim Din deceased and committed his murder intentionally. The offence with which the petitioner is charged is punishable with death or imprisonment for life and the discretion given under proviso to section 497 (1), Cr. P. C. is to be exercised judiciously. Since the petitioner was responsible for B committing the murder of Qaim Din, I am not inclined to exercise the dis cretion in his favour on the sole ground that he is about sixteen years of age. It is not a fit case for the grant of bail. Dismissed.

M. Y. H. Petition dismissed.

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