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Criminal Bail Application No. 303 of 1987, decided on 6th July, 1987.

---S.497--Penal Code (XLV of 1860), S.364/511--Bail, grant of- Repeated attempts made to kidnap schoolboy from class-room on the same day but due to timely intervention of school-master such attempts failed--Accused caught on the spot and no enmity whatsoever attributed with complainant and the teacher--Bail declined in circumstances.

Abdul Hameed for Applicant.

Syed Sarfraz Ahmad for the State.

This is an application for bail in a case charged u/s. 364, 511/34, P.P.C.

2. The prosecution case is that complainant Sohail Akhtar is student of Xth Class in Government High School, Hyderabad. He is aged about 15-16 years. He in his F.I.R. stated that on 1-6-1987 at about 11 a.m. applicant Mir Muhammad Baladi came in the class and told the teacher that he has got work with me. On this he allowed him to see me. I went to him from the class to the verandah where he told that Mumtaz Thobo, Hassan and Hyder Jokhio are standing and accompany us to Latifabad Unit No.4. I refused and returned to the class. After some time one unknown person informed him that my relatives are standing ,outside the school. He after taking permission went there and saw Mumtaz, Hassan and Mir Muhammad standing there and asked him to accompany. He refused and after getting from them narrated the facts to his teacher Muhammad Qasim. He was still standing with teacher, applicant Mir Muhammad came in his class and asked him to accompany. On his refusal he told him that he will be lifted. This fact was given to the teacher and complainant informed him that accused wanted to commit unnatural offence with him. The teacher with help of Wakeel peon and Muhammad Hussain caught hold of applicant, while other three accused persons ran away. With the help of teacher, they brought Mir Muhammad to the P.S. where F.I.R. was lodged.

3. It is contended by Mr. Abdul Hameed Khan that applicant is aged 16 years. He has also argued that only attempt has been attributed to accused and in these circumstances bail has been granted by Courts. He referred to cases reported 1985 P Cr.LJ 55; 1985 PCr.LJ. 1376, 1984 P Cr. L J 358 and 1984 P Cr. L J 2179.

4. Syed Sarfraz Ahmed learned A.A.-G. opposes the bail an: submitted that there is no evidence about the age of accused are applicant was caught and produced before the police by Muhammad Qasim teacher and complainant.

5. In the present case applicant is stated to be uneducated and is labourer. There is no evidence in respect of the age of the applicant as there is no request for referring him to the Medical Officer for his age. Even otherwise the age is not only consideration for grant of bail. This is case of highhandedness where one labourer who was nothing to do in institution, entered in the Government High School alongwith others and wanted forcibly to kidnap a boy of Xth Class for ulterior motive. Muhammad Qasim teacher is the person who rescued the boy and caught the culprit on the spot. This is case of high handedness, where thrice on the same day attempt to kidnap the boy was made but fortunately he was rescued due to the circumstances as given in the F.I.R. Applicant was caught on the spot and there is no enmity whatsoever with the complainant and teacher. However it is for trial Court to decide the case on merits but at present I do not find any merits in, the application which is dismissed.

S.G.D./M-200/K. Bail refused.

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