MASKEEN ULLAH KHAN vs THE STATE
This matter concerns a post-arrest bail application filed by the petitioner, Maskeen Ullah Khan, who was charged under sections 302, 324, 109, 34, 337-F(ii), and 337-D of the Pakistan Penal Code 1860, in connection with a criminal case registered at Police Station Saddar Mianwali. The core legal question was whether the petitioner, a juvenile, was entitled to the grant of bail given the specific nature of the allegations against him and his age. The court observed that the incident appeared to be a sudden flare-up, and the primary motive was attributed to a co-accused. Crucially, the court noted that the petitioner did not cause any injury to the deceased, Raees Khan, and the specific injury attributed to the petitioner fell under section 337-F(ii), which carries a maximum punishment of three years. Furthermore, the petitioner was being tried under the Juvenile Justice System Order 2000. Consequently, the court held that the petitioner was entitled to bail, subject to furnishing bail bonds, thereby affirming the principle that the nature of the specific role played by an accused, particularly a juvenile, is a significant factor in bail adjudication.
- Is a juvenile accused entitled to bail when the specific injury attributed to them carries a maximum punishment of three years?
- Does the absence of a specific motive and the lack of injury caused to the deceased by an accused justify the grant of post-arrest bail?
- Should the trial of a juvenile under the Juvenile Justice System Order 2000 influence the court's discretion in granting bail?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 337-F(ii), Pakistan Penal Code 1860
- Section 337-D, Pakistan Penal Code 1860
- Juvenile Justice System Order 2000
ORDER
' Maskeen Ullah Khan petitioner is involved in a case under sections 302/324/109/34/337-F(ii)/337- D, P.P.C. Registered at Police Station Saddar Mianwali on 15-8-2001. They are accused of committing murder of Raees Khan and also making a murderous assault on the life of Samee Ullah P.W. The occurrence took place on 15-8-2001. Hamid Ullah Khan and Ikram Ullah Khan co-accused caused injuries to Raees Khan deceased whereas Samee Ullah Khan P.W. Was injured by Hamid Ullah Khan and Maskeen Ullah Khan, the present petitioner with a knife.
2. Learned counsel for the petitioner has pressed the bail plea of Maskeen Ullah Khan petitioner inter alia on the ground that the petitioner's date of birth is 10-5-1985 and that he had not caused any injury to the deceased and that he has also no motive to participate in the occurrence.
3. I have considered the arguments and perused the record. The occurrence appears to be the result of sudden flare-up. The motive has been ascribed to Hamid Ullah co-accused who had picked-up a quarrel with Races Khan, deceased and Samee Ullah Khan injured on 13-8-2001. The petitioner that not caused any injury to Raees Khan, deceased, and the injury which has been ascribed to the petitioner constitutes an offence under section 337-F(ii) which is punishable upto 3 years. The case of the petitioner is being tried under the Juvenile Justice System Order 2000.
4. For the reasons given above I enlarge the petitioner on bail subject to furnishing bail bond in the sum of Rs.1,00,000 (rupees one lac) with one surety in the like amount to the satisfaction of the trial Court.