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Criminal Miscellaneous No.310‑B of 1979, decided on 3rd February, 1979.
‑‑‑S.497‑‑Penal Code (XLV of 1860), S.302‑‑Bail‑‑Contention on behalf of accused that he was below 16 years' of age at time of occurrence not denied by prosecution‑‑Case of accused covered by S.497(1), Cr. P. C.‑‑Accused admitted to bail.‑‑[Age].
M. Bilal Khan for Petitioner.
Sardar A. Khalid for the State.
Asad Khan petitioner has moved this petition for bail in a case registered against him under section 302, P.P.C. The case of the prosecution is that the petitioner and Ahsan Khan deceased had friendly relations with each other. On the morning of 23rd July, 1978 they quarrelled with each other resulting in an exchange of abuses. On the same day at about 6 p.m. when Ahsan Khan deceased was sitting near the house of Suleman, the petitioner came there and after raising a Lalkara inflicted a Chhuri blow on his chest and fled away. The deceased succumbed to his injury soon after.
2. The learned counsel for the petitioner contends that at the time of occurrence the petitioner was 13 years' of age and he is alleged to have caused only one injury to the deceased, therefore, in the circumstances of the case the intention to kill cannot be inferred. The learned State counsel submits that it is a case of single accused, the petitioner is alleged to have caused injury to the deceased with a formidable weapon like a Chhuri, therefore, he is not entitled to the concession of bail.
3. The learned counsel for the petitioner has produced the school leaving certificate of the petitioner which shows his date of birth as 5th August, 1965. The petitioner was also referred to a Medical Board for the determination of age. According to the certificate, dated 4‑10‑1978 of the said Board, he was about 15/16 years' of age. The learned State counsel is unable to urge anything against the contention that the petitioner was below 16 years' of age at the time of occurrence. A The case of the petitioner is covered by proviso 1 of subsection (1) of section 497, Cr. P. C. Accordingly, I admit him to bail in the sum of Rs.20,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Attock.
M. Y. H. Bail granted.
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