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Criminal Bail Application No. 529 of 1984, decided on 28th June, 1984.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 307/34‑‑Bail‑‑Occurrence witnessed by so many, persons of locality‑‑Injured lodging report immediately wherein specific role attributed to accused‑‑Victim sustained grievous injury on vital part‑‑Prima facie case under section 307, Penal Code punishable with imprisonment for life made out‑‑Bail refused.
---S. 497‑‑Penal Code (XLV of 1860), Ss. 307/34‑‑Bail‑‑Tender age of accused, held, not only criteria for grant of bail‑‑Attending circum stances have‑also to be looked into.‑‑[Age].
1975 P Cr. L J 732 and P L D 1976 Kar. 71 ref.
A I R 1935 Patna 474 rel.
K . M . Nadeem for Applicant.
M.I. Memon, Addl. A.‑G. for the State.
A case against Mukarram Khan is pending under section 307/34, P.P.C.
The allegation against this applicant is that at the instigation of his brother Dr. Moinuddin he caused knife blow to complainant Shaukat. It is in the F.I.R. that Dr. Moinuddin and applicant took Shaukat inside the dispensary where Dr. Moinuddin caught hold and applicant gave injury. The report was lodged on the same day at 6.20 p.m. at Police Station Qaidabad, Karachi.
Mr. K.M. Nadeem, Advocate for the applicant has contended that applicant is a tender age and on this point he produced two documents in support where date of birth of applicant is shown on 17‑4‑1970. According to certificate issued by Medical Superintendent Services Hospital and Civil Surgeon, Karachi the applicant is stated to be of 21 years old. Mr. Nadeem has referred to' 1975 P Cr. L J 732, P L D 1976 Kar. 71 and A I R 1935 Pat. 474 and stated that if there is conflict between certificates, the preference be given to the School Leaving Certificate and certificates of M. K. C. where date of birth is shown as 17‑4‑1970.
Mr. Muhammad Ibrahim Memon, Additional Advocate‑General appearing for the State has submitted that the final medical opinion of the injury is still awaited, therefore, at this stage this is not a fit case for bail.
This incident was witnessed by Ghulam Hussain, Rauf and so many people of the locality. Injured has immediately lodged report where specifically role has been attributed to applicant, Mukarram. The order of the learned II‑Additional Sessions Judge, shows that Shaukat sustained grievous injury on his abdomen. The injury is on the vital part. I A have also considered the contention of Mr. Nadeem on the point of age. The applicant was called in this Court and was not found to me of a tender age, however, I would not like to go into controversy but come to the conclusion that due to the attendant circumstances of the criteria for grant of bail for which I refer to crime the age is not only the cases reported in 1983 S C M R 791 and 1984 P Cr. L J 1137. Therefore, I am not inclined to consider grant of bail on this ground. Prima facie case under section 307, P.P.C. punishable with imprisonment of life is made out. Application is accordingly dismissed.
M.Y.H. Bail refused.
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