' MUHAMMAD MUJEEBULLAH SIDDIQUI, J.---The application has served its purpose and has been rendered infructuous. Disposed of accordingly.
2. Granted with all just exceptions.
3. The applicant Hubdar Ali is facing trial in the Court of learned Civil Judge and Judicial Magistrate-Ill, Larkana for the commission of offence punishable under section 457 and 380 P.P.C.
Learned counsel for the applicant has submitted that notwithstanding merits of the case, the applicant is entitled to be released on bail as, according to the entry in the school leaving certificate of the Government Primary School, Shah Muhammad Sindhi, the date of birth of the applicant is 1-1-1991. He has submitted that this plea was taken before the learned trial Court and the learned trial Court referred the applicant to Medical Superintendent, Chandka Medical College Hospital, Larkana, who certified that on the basis of appearance and Radiological report the applicant appeared to be of nineteen years of age.
' The learned counsel has further submitted that although this plea was taken before the learned Additional Sessions Judge-II, Larkana but he did not advert to this point and thereby committed serious error.
He has submitted that there is always possibility of error of one year in determining the age of a person on either side, upper or lower, and the benefit, if any, is to be extended to the accused, therefore, at this stage the applicant is entitled to be released on bail.
' The learned State Counsel has opposed the bail application.
' I am persuaded to agree with the submission of learned counsel for the applicant. The applicant is, therefore, granted bail in the sum of Rs,50,000 and P.R. Bond in the like amount to the satisfaction of learned trial Court.
' Before parting with this order it would be appropriate to direct the learned trial Court as well as the learned Sessions Judge to consider the forum of trial for applicant because if he is a juvenile, his trial by a Court other than a juvenile Court along with the adult accused persons would be an illegality which is likely to vitiate the proceedings. It is the duty of the learned Sessions Judge as well as the trial Court to examine the question of jurisdiction before the start of trial in order to examine the possibility of setting aside their orders on the point of jurisdiction only, rendering the entire proceedings as an exercise in futility.