SHAFQAT NAZEER vs STATE
The petitioner filed a petition for post-arrest bail in a case registered under Sections 302, 148, and 149 of the Pakistan Penal Code 1860, arising from an FIR alleging murder. The core legal question was whether the petitioner, a juvenile at the time of the alleged occurrence, was entitled to bail given that co-accused had been declared innocent by the police and the petitioner’s specific role was disputed. The Lahore High Court held that the petitioner was entitled to bail. The court observed that the co-accused had been declared innocent, the petitioner was allegedly empty-handed, and the complainant’s motive appeared to be a grudge regarding the petitioner’s marriage to the complainant’s sister. Crucially, the court found that the petitioner was a juvenile at the time of the incident, as supported by his school leaving certificate, and his case had been separated for trial under the Juvenile Justice System Ordinance. The court established the principle that where a juvenile accused’s case falls under the first proviso to Section 497 of the Code of Criminal Procedure 1898, and the prosecution’s case against him is subject to further inquiry, bail should be granted.
- Does the status of a juvenile accused entitle them to bail under the first proviso to Section 497 of the Code of Criminal Procedure 1898?
- Can a court grant bail when the co-accused have been declared innocent by the police and the petitioner’s case appears to be one of further inquiry?
- Is a school leaving certificate admissible evidence to determine the age of a juvenile for the purposes of the Juvenile Justice System Ordinance?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
- Juvenile Justice System Ordinance 2000
ORDER
The petitioner seeks his post arrest bail in case FIR No. 22/2003 dated 2.2.2003 registered under Sections 302, 148, 149 PPC, Police Station Fareed Nagar, District Pakpattan Sharif.
2. Learned counsel appearing on behalf of the petitioner contends that all the co-accused of the petitioner i.e. Mst. Khalida Bibi, Mst. Khurshid Bibi. Zubair and Mst. Anwar Bibi have been found innocent by the police and have not been arrested by the police. Further submits that according to doctor's opinion there was no marks of violence on the body of the deceased; that petitioner is behind the bars for the last about 10 months and his further detention would not serve any useful purpose; that petitioner was minor at the time of alleged occurrence, as at that time his age was 16 years 8 months and 20 days according to school leaving certificate as mentioned in zimini dated 13.11.2003; that case of the petitioner was separated under the Juvenile Justice System Ordinance; that petitioner was allegedly empty handed and there was no intention or cause to kill the deceased. Further submits that in fact complainant's sister had contracted marriage with the petitioner with her own free will and due to this grudge the complainant had lodged this FIR against the petitioner and his close relatives.
3. Learned counsel for the state has opposed the grant of bail.
4. I have heard the learned counsel for the parties and perused the record carefully. Record reveals that all the co-accused of the petitioner had already been declared innocent and even their pre- arrest bail application was withdrawn, as they were not required by the police. In fact no such occurrence had taken place. The complainant's sister had contracted marriage with the petitioner with her free consent and out of this grudge the petitioner has been involved in this case. Police record also reveals that at the time of occurrence petitioner's age was about 16 years, 8 months and 20 days according to school leaving certificate. Therefore, his case was separated for his trial under the Juvenile Justice System Ordinance. Admittedly the petitioner was empty handed and the allegation against him is that he was sitting on the chest of the deceased whereas the other co- accused were giving kick and fist blows to the deceased. The said co-accused have already been declared innocent but the petitioner has not been given the same treatment which makes the case of the petitioner that of further enquiry. Petitioner was arrested on 14.2.2003 and since then he is behind the bars. No useful purpose would be served by keeping the minors petitioner behind the bars. According to school leaving certificate and findings of the police petitioner was minor at the time of occurrence, therefore, his case also falls under the first proviso to Section 497 Cr.P.C. entitling him to be released on bail. In this view of the matter I allow this petition and admit the petition to bail subject to his furnishing bail bonds in the sum of Rs. 200,000/- with one surety in the like amount to the satisfaction of the trial Court.