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Criminal Bail Application No. 1559 of 1985, decided on 14th December, 1985.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302‑‑Bail, grant of‑‑Accused a minor‑‑Only evidence against accused being his judicial confession‑ Case falling within purview of S. 100 of Penal Code‑‑Bail granted without prejudice to merits of case in circumstances.

Kh. Naveed Ahmad for Applicant.

Abdul Sattar Sheikh, A.A.‑G. For the State.

Applicant Anwar Khan is facing trial for an offence punishable under section 302, P.P.C. in the Court of 1st Additional Sessions Judge, Karachi West. The case against him has arisen from a F.I.R. No. 418/84 of P.S. New Karachi registered on 23‑8‑1984 by Abdul Rashid A.S.I.P. The case was registered on the basis of information laid by Iqbal Baig son of Mirza Baig at the Police Station on 22‑8‑1984 that one Taxi Car No. 833‑082 was found parking at .a Telephone Poll in Sector 11/B and its driver was lying injured on the front seat. A police party headed by the A.S.I.P. Raja Abdur Rashid went to the spot and found the Taxi Car there. The driver of the taxi was found lying, dead. His name was ascertained from the driving licence to be Shaukat Ali Khan son of Ahmad Ali Khan. A pistol also was seen lying there. The deceased driver had fire‑arm injuries. The corpse was into the mysterious death of taxi driver. Police arrested the applicant Anwar Khan on 26‑8‑1984. After interrogations the applicant was produced before an Additional City Magistrate, Karachi (South) on 5‑9‑1984 for recording his judicial confession and he confessed that had shot the deceased taxi driver from a pistol in order to re-attempt by the taxi driver on him for committing sodomy with him is alleged that applicant had disclosed this fact to one person know Pathan Bengali. After completion of the investigation, the applicant was sent up to stand trial for having committed the offence punishable under section 302, P.P.C.

A bail application filed in the trial Court was dismissed by learned Additional Sessions Judge, Karachi West, by order dated 12‑10‑1985.

The learned counsel for the applicant has urged two ground for consideration; firstly, that the applicant is a minor aged about between 14 and 15 years, as per medical certificate, secondly, that the case against the applicant rests on the evidence of only judicial confession and the facts stated therein bring the case within the purview section 100, P.P.C. The learned Additional A.‑G. does not oppose the application in view of the pleas advanced by the learned counsel for the applicant. Bail is granted without prejudice to the merits of the case, in the sum of Rs.25,000 with one surety to the satisfaction of the trial Court.

S.A. Bail granted.

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