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Criminal Bail Application No.1112 and Miscellaneous Application No.1643 of 1987, decided on 5th October, 1987.

---S.164--Witness--Statement of accused-applicant recorded under S.164, Cr.P.C. in the capacity of a witness, held, could not be used against accused on trial.

---Ss.498 & 164--Bail, grant of--Applicant a young girl about 17/18 years old-- Applicant's own statement recorded under S.164, Cr. P. C . as a witness, was the only piece of evidence against her and such statement also exculpatory in nature--Applicant allowed bail, in circumstances.

Sardar Muhammad Ishaq for Applicant.

S.Sarfraz Ahmed, Asstt. A.-G. for the State.

1. Exemption allowed.

2. Mr. Sardar Muhammad Ishaq has contended that the applicant is a teenager being 17/18 of age, and she is a girl. That the only piece of evidence available against the applicant is her statement which was recorded before the Magistrate a/s 164, Cr. P. C . as a witness. It was further contended that even this statement is self- exculpatory and the applicant has not involved any person including herself.

Mr. S. Sarfraz Ahmed A.A.-G. has no objection to the gram of bail to the applicant in view of the above circumstances.

I, have considered the contentions of the learned counsel. It is an admitted position that the F.I.R. shows that the age of the applicant will be 17/18 years. She is, therefore, a young girl. That the statement made by her before a First Class Magistrate on 25-8-1987 was made in the capacity of a witness and therefore the same could not be used against her in her trial. Mr. S. Sarfraz Ahmed has also conceded to the grant of bail to the applicant.

In view of the above circumstances I direct that the applicant shall be, released on bail on furnishing surety in the sum of Rs.25,000 and PR bond in the like amount to the satisfaction of trial Court.

S.G.D./M-264/K Bail granted.

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