MUHAMMAD MOHSIN Versus UMAR HAYAT

ORDER

Petitioner has filed this Criminal Miscellaneous for cancellation of bail A granted to respondent Umar Hayat vide my order, dated 22-5-1993 on the basis of Muhammad Anwar v. The State 1983 S C M R 1001 and Muhammad Rafique v. The State 1990 P Cr. L J 886 on the ground that petitioner was less A than 16 years of age. It was observed that "learned counsel for complainant is at liberty to file an application for cancellation of bail in case of availability of any material showing that the birth certificate was forged". Learned counsel in the present Criminal Miscellaneous argued the case in the previous Criminal Miscellaneous No.1550/B of 1993, granting bail to respondent.

2. Respondent Umar Hayat produced a birth certificate No.117722, dated' 31-12-1989 in original issued by Resident Director, Punjab and countersigned by District Project Manager, Lahore showing him successful in Primary Standard Examination, 1989 and further stating therein his date of birth as 1-1-1979. The bail application remained pending and finally arguments were heard but there was no rebuttal to the documentary evidence in the form of aforementioned birth certificate. Thereafter the present Criminal Miscellaneous was filed and the case was taken up and the learned counsel twice sought permission to file some documents which request was accepted. However, alongwith application, petitioner has filed an affidavit Annexure "A" of one Ghulam Shabbir son of Nawab Din stating that the respondent was not studying in village Ludhake Uchey. However, this deponent stated lack of knowledge if the respondent was studying in some other school. On back of this affidavit, there is another person Fazal Karim stating on oath the same deposition as was made by Ghulam Shabbir. Both the affidavits are not properly verified and also do not disclose in which Court the same were being filed. There is a letter, dated 29-6-1989 issued by the District Project Manager, LA.M.E.C., Lahore showing that one Fazal Karim worked in the Organization of Literacy and Mass 'Education Commission from 25-2-1987 to 30-6-1989. These were two documents filed with the original application and thereafter petitioner filed Criminal Miscellaneous No.1356/M of 1993 for placing on record additional documents. The first is the complaint dated 22-7-1993 filed by present petitioner Muhammad Mohsin against respondent in the Court of Illaqa Magistrate Police Station Raiwind under section 420/468/471, P.P.C. where one Khadim Hussain appeared as P.W.1 and this statement is also filed on the record of this petition showing the absence of name of respondent in Government High School village Ludhaki Uchey, Police Station Raiwind. P.W.1 in his statement referred to some school leaving certificate of Umar Hayat, respondent, showing his admission on 4-2-1988 and leaving the school on 31-3-1989. Similarly there is a copy of entry from school leaving register showing the admission of Umar Hayat on 12-4-1989 with date of birth as 1-10-1974 and similar is the other document Annexure "H". I have' gone through the documents attached with .the present application and also additional one, filed subsequently and am of the opinion that it is not possible to hold a detailed enquiry into the date of birth of respondent in view of the fact that school leaving certificate produced by him remains unrebutted.

3. Respondent is one of the accused and stated to have been found innocent by the police. Learned Additional Sessions Judge, Lahore refused his bail application holding that "the mere fact that he is a minor is no ground in itself for him to claim bail as of right". The allegation against respondent is regarding Sota injuries to the deceased. After having considered the arguments of learned counsel for the parties and keeping in view the documents now placed on the record and also the complaint pending before learned C Magistrate, which was filed after the bail order by this Court, I do not find any valid ground to interfere in my previous order, dated 22-5-1993 granting bail to respondent.

Resultantly, there is no merit in this Criminal Miscellaneous and the same is dismissed.

N.H.Q./M-1662/L Petition dismissed.