MUHAMMAD MOAZZAM Versus THE STATE

ORDER

The petitioner, Muhammad Moazzam, has moved this petition for bail after arrest under section 497/498, Cr.P.C. in a case registered against him under section 12 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Tibbi, Lahore vide F.I.R.No. 435, dated 12‑9‑1987.

2. Learned counsel contended that the petitioner is a minor on the face of it inasmuch as he was born on 13‑3‑1971. Learned counsel vehemently stressed that on the ground of minority he is entitled to be released on bail. Reliance in that behalf has been placed on Rab Nawaz v. The State (1985 P Cr. L J 1250) and Siraj Din v. Saghir‑ud -Din alias Goga and another (1970 SCMR 30). Learned counsel next argued that the petitioner is behind the bars for the last seven months and that trial has not commenced so far. Learned counsel stated that although challan in the case was submitted as far back as November, 1987 but no date has been fixed for recording the evidence of the prosecution. The learned State counsel was unable to oppose the grant of bail to the petitioner substantially. He could not controvert the factum of age of the petitioner. He further conceded that trial has not commenced in the case.

3. I have heard the learned counsel for the parties and ha v perused the record. Without expressing any opinion on the merits of the case lest it may affect either party, the age of the petitioner is between 16 and 17 years. Under similar circumstances bail was allowed by the Hon'ble Judges of the Supreme Court in case reported as Siraj Din v. Saghir‑ud‑Din alias Goga and another (1970 SCMR 30). It was observed by the Hon'ble Supreme Court that X‑ray examination showed that age of the petitioner was between 16 and 17 years and it was held that this is a good ground for bail even in a case of capital offence. The petitioner is behind the bars for the last more than seven months and the trial has not commenced so far. Accordingly the petitioner is admitted to bail in the sum of Rs. 80,000 (Rupees eighty thousand) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Lahore. Copy Dasti. Direction is issued to the learned trial Court to conclude the trial of the petitioner within three weeks time without fail and compliance report thereof shall be submitted to this Court through the Registrar.

S. A./M‑750/L Bail allowed.