MUHAMMAD ANWAR Versus STATE
This matter arises from a petition for leave to appeal filed against the order of the Lahore High Court dismissing the petitioner's application for bail in a murder case. The core legal question is whether the plea of tender age, supported by a school leaving certificate, can be rejected solely based on a contrary police assessment of age. The Supreme Court held that the police's view was insufficient to displace the certified school leaving certificate, especially when the State could not raise objections against its genuineness. Consequently, the appeal was accepted and the appellant was granted bail. The key principle laid down is that official documentary evidence such as a school leaving certificate carries superior evidentiary value regarding age determination at the bail stage compared to a contrary police opinion unsupported by cogent material.
- Can a plea of tender age supported by a school leaving certificate be rejected solely on the basis of a contrary police assessment?
- What is the evidentiary value of a school leaving certificate regarding the age of an accused in a bail application?
ORDER
ASLAM RIAZ HUSSAIN, J.‑ Muhammad Anwar petitioner seeks leave to appeal against the order of a learned Single Judge of the Lahore High Court, dated 12‑3‑1983 dismissing his application for bail.
2. He was accused in a murder case and applied for grant of bail on the ground of tender age. It was submitted that he was below 16 years of age at the time of incident. The plea was supported by an entry in hi school leaving certificate. The learned Judge, in chamber, however, rejected this plea on the ground that according to the police the petitioner was 19 years of age.
We are afraid this was not a sound ground for rejecting the plea. We issued notice to the State and have beard the matter as an appeal after grant of leave,
3. The learned Assistant Advocate‑General could not raise any objection against the genuineness of the school leaving certificate or the entries therein. We are of the opinion that the view expressed by the police was not sufficient to reject the appellant's plea of tender age in view of the entries in the certified copy of the school leaving certificate. The appeal is, therefore, accepted and the appellant Muhammad Anwar is allowed bail in the sum of Rs. 20,000 with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Bhalwal.
S. Q. Bail allowed.
Cited by 8 cases
- MUHAMMAD MUMTAZ Versus STATE 1997 MLD 2049
- MUHAMMAD AKBAR And Another vs THE STATE 1992 P Cr. L J 2624
- GULZAR alias BHUTTO vs THE STATE 1990 P Cr. L J 191
- TAHIR vs THE STATE 1990 P Cr. L J 1198
- NADIR vs THE STATE 1990 MLD 148
- MUHAMMAD ASLAM vs MUHAMMAD SARWAR And Another 1987 P Cr. L J 438
- MUNAWAR AHMAD vs THE STATE 1985 P Cr. L J 2990
- NASIR ALI vs THE STATE 1985 P Cr. L J 1220