Saif-Ur-Rehman vs The State
This matter concerns a bail application filed by the petitioner, a juvenile, seeking post-arrest bail in a case involving attempted murder and abetment. The petitioner was charged under sections 324, 337-F, and 109 of the Pakistan Penal Code 1860, following an incident where he allegedly fired at the victim. The core legal question was whether the petitioner, being a minor, was entitled to the concession of bail under the provisions of the Code of Criminal Procedure 1898, despite the ground of minority not being explicitly raised in the initial bail petition before the trial court. The Court held that the petitioner, being approximately 13 years and 8 months old based on his school leaving certificate, was entitled to bail. The Court established the principle that a legal ground, such as minority, may be raised and argued during the hearing of a bail application even if not pleaded in the initial petition, provided the opposing party is not taken by surprise and the document supporting the claim is not challenged as forged.
- Can a ground for bail, such as minority, be raised during arguments if it was not explicitly mentioned in the initial bail petition?
- Does the age of a juvenile offender entitle them to the concession of bail under Section 497(1) of the Code of Criminal Procedure 1898?
- Is a school leaving certificate sufficient evidence to establish the age of a petitioner for the purpose of a bail application?
- Section 324, Pakistan Penal Code 1860
- Section 337-F, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 497(1), Code of Criminal Procedure 1898
ORDER
MALIK HAQ NAWAZ, J.---The petitioner Saif-ur-Rehman seeks bail in the offences under sections 324, 337-F/109 P.P.C. vide FIR No.25/2019 dated 27-07-2019 registered at Police Station Juglote.
2. The brief facts of the case have been highlighted in para 2 of the impugned judgment, which are re-produced as under:- "Brief facts of prosecution's case according to FIR are that petitioner/accused on instigation of his father namely Muhammad Younus opened fire on victim Masood Alam with intent to murder him and caused hurt him.
Hence on written application of victim who is brother of victim, FIR No.25/2019 has been registered in Police Station Juglote Gilgit under sections 324, 337-F and 109 P .P.C. "
3. The learned counsel for the petitioner submitted that the petitioner is a school going boy and his age is hardly about 13 years.
The petitioner opened a single fire on the victim and did not repeat the same, which shows that there was no intention to kill. Per learned counsel the fire shot opened by the petitioner landed on non-vital part of the body . The attraction of section 324 P.P.C. need further inquiry and the petitioner be admitted to bail till disposal of the main case. The learned counsel relied on 2007 PCr .LJ 762 and 1994 PCr .LJ 1 102.
4. The learned Advocate General and the learned counsel for the complainant submitted that it was a day light occurrence. The petitioner is directly charged in the FIR for opening fire shot on the victim. Weapon of offence has also been recovered from the petitioner on his pointation. There is prima facie case against the petitioner and he is not entitled for the concession of bail. Lastly that the ground of minority was not raised in the bail petition submitted before the learned trial Court, hence the learned trial judge rightly rejected the plea of minority . They relied on 2012 SCMR 1400 , PLD 2012 Lahore 433 , 2006 PCr .LJ 1450 and 1999 MLD 1526 .
5. The school leavening certificate of the petitioner shows his date of birth 01-01-2006, hence his age becomes about 13 years and 08 months. The contention of the learned Dy. Advocate Genera l that the ground of minority was not mentioned in the bail petition submitted before learned Additional Sessions was rightly not considered is not tenable. Any ground if not mentioned in bail petition could be raised/argued at the time of arguments, the exception is that opposite Ir party should not be taken in surprise. It was not the case of prosecution before the learned trial Court that the certificate is forged or fabricated, without going into merits of the case, the petitioner is allowed bail on the grounds of minority as his case falls within the ambit of section 497(1) Cr.P.C., provided he furnishes bail bonds in the sum of Rs.500000/- (five lac) with two sureties each in the like amount to the satisfaction of learned trial Court.