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 Miscellaneous No. 1548/B of 1982, decided on 8th December, 1982.
-- S. 497/498-Bail - Penal Code (XLV of 1860), S. 302/34 Accused armed with dagger inflicting injury on chest of deceased --Bail refused-Plea of young age and sudden provocation repelled- Held, an accused person not entitled to concession of bail on ground of his age as a matter of right and each case has to be decided on its own peculiar facts and circumstances.
Syed Muhammad Zawar Shah for Petitioner.
This is an application for bail on behalf of Abdul Rehman petitioner in a case under section 302/34, P. P. C. registered at P. S. Niakhdoom Rashid, vide F. I. R. No. 6/82 dated 8-1-1982.
2. The prosecution case is that the petitioner with his father Wali Muhammad in furtherance of their common intention caused the death of Ghulam Muhammad on 8-1-1982 at 5-30 p. m. in the area of Chak No. 12/M. R. As for the petitioner it has been alleged that he was armed with a dagger and thereby inflicted injuries on the chest of chi deceased.
3. Learned counsel for the petitioner contends that the petitioner was less than 16 years of age at the time of occurrence. Furthermore, from the circumstances, it appears to be the case of grave and sudden provocation.
4. After hearing the learned counsel for the petitioner and going through the record which is available before me I find that the petitioner was allegedly armed with a dagger and thereby inflicted injury on the chest of the deceased. In these circumstances, the mere fact that he was less than 16 years of age at the time of occurrence or that it appears to be a case of grave and sudden provocation do not make out a good ground for grant of bail to him at this stage. It is well established that an accused person is not entitled to the concession of bail on the ground of his age as a matter of right and each case has g to be decided on its own peculiar facts and circumstances. As for the plea of grave and sudden provocation, I am of the opinion that the same is not spelt out from the prosecution case.
For what has been stated above, there being no force in this petition, the same is dismissed.
M. Y. H. Bail refused.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer