MAQSOOD AHMAD Versus STATE

ORDER

Through this petition Maqsood Ahmad petitioner has sought post-arrest bail in case F.I.R. No.138 registered at Police Station City, Pakpattan Sharif on 9-5-2000 for an offence under section 302/34, P.P.C. A challan was initially submitted before the Court of competent jurisdiction for offences under section 302/34, P.P.C., but subsequently through a supplementary challan section 302, P.P.C. was deleted and the same was substituted by section 316, P.P.C.

2. After hearing the learned counsel for the parties and going through the record it has been noticed that F.I.R. in this case had been lodged with a delay of about twenty hours. Section 302, P.P.C. has already been deleted in this case and the same has been substituted by section 316, P.P.C. In the supplementary challan submitted by the local police before the learned trial Court the petitioner's name has been placed in Column No.2 thereof. In his case Diary No.21, dated 16-8-2000 the DSP/SDPO Sadar, Pakpattan Sharif had declared the petitioner to be innocent. The petitioner was aged about 13-1/2 years at the time of the incident in question which fact is borne out from an extract from the register of births maintained by the Municipal Committee, Pakpattan Sharif a copy whereof has been appended with this petition as Annexure-C. Thus, the case of the petitioner attracts the provisions of the first proviso to subsection (1) of section 497, Cr.P.C.

3. For the reasons mentioned above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.

H.B.T./M-742/L Bail granted.