ALI MARDAN vs THE STATE
This bail application arises from a criminal matter where the applicant, Ali Mardan, sought post-arrest bail in a case involving a charge of Qatl-e-Amd. The primary legal question before the court was whether the applicant, being 14 years of age, was entitled to the concession of bail under the proviso to the prohibitory clause of Section 497(1) of the Code of Criminal Procedure 1898, despite being assigned an active role in the commission of the offence. The State opposed the application, highlighting that the applicant was alleged to have caused firearm injuries to the deceased, Soomar, and that the crime weapon had been recovered from his possession. The High Court held that while the statute provides for the consideration of bail for accused persons of tender age, this is not an absolute right. Finding that the applicant was assigned an active role resulting in a fatality, the court declined to exercise its discretion in his favour. Consequently, the bail application was dismissed, reinforcing the principle that the active participation of a juvenile in a heinous crime can outweigh the ground of tender age for bail purposes.
- Does the tender age of an accused automatically entitle them to bail under Section 497(1) of the Code of Criminal Procedure 1898 when they are charged with an offence falling under the prohibitory clause?
- Can an accused person of tender age be denied bail if they are assigned an active role in a murder case?
- Section 497(1), Code of Criminal Procedure 1898
ORDER
1. 'The applicant Ali Mardan is facing his trial for Qatl-e-Amd. The bailLon his behalf lies been urged solely on the ground of tender age being 14 years of age which has been opposed by the State counsel on the ground that the applicant has been assigned role of causing injuries with fire-arm to deceased Soomar. The crime weapon has been secured from the applicant. Normally under the provision of section 497(1), Cr.P.C. The infirm, woman and the accused of tender age involved in offences falling under prohibitory clause are allowed bail. Looking into the circumstances of the present case when such an accused has been assigned active role resulting in death of one of the deceased Soomar. I do not find the case of applicant for bail. As a consequence thereof application is dismissed.