1. ' MUHAMMAD IQBAL MAHAR, J.---This bail application is directed against the order, dated 1-7-2009 passed by In charge Judge Vth Additional Sessions Judge, Karachi South in Sessions Case No,77 of 2008 arising out from F.I.R. No, 25 of 2008 of Police Station Kharadar Karachi for the offence punishable under section 397/302, P.P.C.
2. ' Precisely, the prosecution story is that the deceased Muhammad Yaseen was the brother of the complainant Sultan. Ahmed. The complainant is a driver of one Abdul Rasheed. On 20-1-2008, the complainant and his brother/deceased were sitting in Mazda which was standing in Milk Mandi Lea Market, suddenly, one boy who seems to be Baloch came close to the vehicle and put T.T. Pistol upon the deceased Muhammad Yaseen and demanded money. It is alleged that he snatched the mobile phone Nokia-1600 and took out the money from the pocket of deceased. The door of the vehicle was opened, therefore, deceased tried to apprehend the accused who fired upon the deceased, which hit from and he fell down. The complainant took his brother in another vehicle to Civil Hospital where, he succumbed to the injuries.
3. ' The police during investigation arrested the applicant/accused and challaned him before the Court of law.
4. ' The learned counsel for the applicant/accused contends that the name of the applicant/accused does not appear in F.I.R. She further contends that on 20-1-2008 the applicant/accuse,,. Was arrested but he was put in identification parade on 26-1-2008 after days of his arrest and there is no explanation for such delay in holding identification parade. She contends that as per report of Medical Board dated 29-7-2008, the age of applicant/accused is in-between 16 to 17 years and since his arrest, he is in jail and not a single prosecution witness has been examined by the Trial Court and nor delay in trial is attributed to the applicant or his counsel, therefore, she contends that the applicant/ accused is entitled for grant of bail as provided under section 10(7)(a) of the Juvenile Justice System Ordinance, 2000. In support of her arguments, she relied upon case-law reported in 2009 PCr. LJ 47, 2006 PCr.LJ 1648, 2006 M LD 507 and 1970 SCM R 30.
5. ' Conversely, the learned Deputy Prosecutor-General, Sindh opposed the grant of bail.
6. ' I have given anxious consideration to the arguments advanced by the learned counsel for the parties and have gone through the material placed on record and case-law cited by learned counsel for the applicant/ accused.
7. Admittedly, the applicant/accused was arrested on 20-1-2008 and identification parade was held on 26-1-2008 after 6 days and no explanation has been given by the prosecution. Furthermore, the applicant/accused has remained in custody for 19 months but there is no progress in the case and even as per letter of learned Trial Court, filed by the learned counsel for the applicant, the D.I.G.
8. Police Zone, Karachi was directed to depute Special Process Server not below rank of Inspector for execution of process upon P.Ws. And the process-server should also produce the case property as well as police file on the date of hearing, which shows that still the case property and police papers were not collected by the Trial Court. Today, the learned counsel for the applicant/accused states at bar that not a single witness has been examined so far. However, section 10(7)(a) of Juvenile Justice System Ordinance, 2000 provides that a child accused of an offence punishable with death becomes entitled to bail if he remained in custody for a continuous period exceeding one year and his trial has not been concluded. In case-laws relied upon by learned counsel for the applicant/accused, in cases of similar nature, the bail has been granted by this Court, therefore, following the same rule, I admit the applicant/accused to bail subject to his furnishing solvent surety in the sum of Rs,2,00,000 (Rupees two lacs only) with P.R. Bond in the like amount to the satisfaction of the Trial Court.