1. ' SYED SHAFQAT SHAH MASOOMI, J.---Applicant is seeking bail in Crime No,36 of 2008, registered at Police Station Andal Sundrani for offence punishable under section 302, 34, P.P.C.
2. ' The facts in brief are that on 23-9-2008 at about 1045 hrs complainant Mehar lodged F.I.R. At Police Station Andal Sundrani stating therein that about eight months back he had given his granddaughter Mst. Kalsoom in marriage to Sadam Chachar, about one month back from the solemnization of marriage her husband and her father-in-law were assaulting her granddaughter on house-hold affairs, After some days back Rasool Bux came at the house of complainant for taking Mst. Kalsoorn, about the incident, he has stated that he had arranged for charity in the name of Allah. He went to the house of Rasool Bux and asked him that Mst. Kalsoom may be allowed to go with him but he refused. It was about 9-00 O'clock when Sadam and Rasool Bux were present in their house, Mst. Kalsoom was working in courtyard, complainant requested them for her leave due to that Rasool Bux, Sadam went in a room and brought, rifle and k.k. In the presence of witnesses accused Rasool Bux directly fired upon Mst. Kalsoom which hit her on her right side of ear and accused Sadam fired with his k.k. Upon Mst. Kalsoom which hit her and she raised cries and fell down on the ground. Thereafter all the accused ran away.
3. ' Heard learned counsel for the applicant, learned State counsel and counsel for the complainant.
4. ' Learned counsel for the applicant has submitted that case falls within ambit of section 10(7)(b) of Juvenile Justice System Ordinance, whereas State counsel and counsel for the complainant state that the case comes within the ambit of section 10(7)(a) will apply in the case. Section 10 pertaining to the arrest and bail of teen age boy under Juvenile Justice System Ordinance, 2002. Section 10(7)
(b) reveals where a child of the age of fifteen years or above is arrested, the Court may refuse bail if there are reasonable grounds to believe that such child is involved in an offence which in its opinion is serious, heinous, gruesome, brutal, sensational in character or shocking to public morality or he is a previous convict of an offence with death or imprisonment for life.
5. ' Section 10(7) provided that notwithstanding anything contained in the Code and except where a Juvenile Court is of the opinion that the delay in the trial of the accused has been occasioned by an act or omission of the accused or any other person acting on his behalf or in exercise of any right or privilege under any law for the time being in force, a child who, for commission of an offence has been detained, shall be released on bail.
6. ' Section 10(7)(b) provides that if being accused of any offence punishable for imprisonment for life has been detained for such an offence for a continuous period exceeding six months and whose trial for such offence has not concluded; or (c) who being accused of any offence not punishable with death, or imprisonment for life has been detained for such an offence for a continuous period exceeding four .Months and whose trial for such an offence has not concluded.
7. ' In the present case where a young boy of seventeen years at the spur took out a k.k. And opened fire on his young wife aged about eighteen years on small petty issue of granting permission to go with her father, comes within the proviso which has provided where child of fifteen years is arrested, the Court may refuse the bail if there are reasonable grounds to believe that such child is involved in an offence which in its opinion is serious, heinous, gruesome, brutal, sensational in character or shocking to public morality or he is a previous convict of an offence with death or imprisonment for life.
8. ' I am of the opinion that this child comes within the ambit of section 10(7)(c) of Juvenile Justice System Ordinance, 2002. Moreover the recovery of k.k. From the applicant is there and empties of 7.62 bore are also recovered. The case-law submitted by the learned counsel for the applicant reported in 2006 SCM R 1805 is not related to the present case. It is not in respect of murder case.
9. The case-law submitted by the applicant in 2006 PCr.LJ 1629 is in respect of murder case but the facts are different and not related to the facts of present case, 2002 M LD 1817 is also not related to the present case, 2002 PCr.LJ 657 is in respect of section 377, P.P.C. 1999 SCM R 338 is also in respect of offence of Zina PLD 2002 Karachi 18 is in respect of section 380, P.P.C.
10. In fact the age of applicant/accused at the time of commission of the offence as seventeen years, It was gravity of the offence and other attending circumstances that there should be kept in mind where over whelming evidence has been collected by the prosecution against the accused for commission of the offence.
11. Specific role has been assigned to the applicant/accused who fired directly on the deceased Wt.
12. Kalsoom, his wife and she died on the spot. The occurrence took place at 9-00 a.m. And F.I.R. Was registered at 10-45 a.m. Immediately within time without any delay. Crime weapon kalashnikov has been recovered from the applicant/ accused, four empties of 7.62 bore and blood-stained earth were also recovered from the place of occurrence. Medical evidence is corroborated by the ocular evidence. All the prosecution witnesses have fully supported the version of the complainant in their 161, Cr.P.C. Statements. Applicant has remained in jail for eight months and thirteen days. The case is fresh one. Charges has not framed still.
13. For the foregoing reasons, bail is declined to the applicant/ accused. However, the trial Court is directed to conclude the trial of the case within five months without fail. This case may be fixed for hearing every week and in case the complainant fails to produce his witnesses, then trial Court will be justified to grant bail to the juvenile applicant/ accused.
14. ' However, the observation made hereinabove are tentative in nature for the purpose of only disposal of bail application and may not influence the mind of trial Court, which is free on the evidence strictly on merits of the case.