1. ' This bail application has been moved on behalf of the accused Nasir All who is alleged to have committed the murder of one Mujahid Hussain. The occurrence was witnessed by Ch. Amanat Ali, Muhammad Ahmed and Zakir who informed the complainant Muhammad Riaz that the accused after inflicting knife injuries to the deceased had run away. After due investigation, the accused was sent up police to take his trial under section 302, P.P.C.
2. The main ground on which the bail has been sought is age of the accused. The extract from the Birth Register which has been produced in support of the application shows that accused was born on 14-11-1968 and as such he was below 16 years at the time of the occurrence. As provided in section 5 of the Sind Children Act, 1955, Child means a person who is below 16 years at the time of his arrest. Special procedure is provided in the said Act for trial of Children. The said Act prohibits sending of child to jail.
3. ' Apart from above the learned counsel for the applicant has placed reliance on two Supreme Court authorities reported as Muhammad Anwar v. The State 1983 SCMR 1001 and Sidheswa r Ganguly v. State of West Bengal PLD 1958 SC (Ind.) 337. In the first case the bail was sought on the ground of tender age, as the accused was 16 years of age at the time of incident. School Leaveing Certificate was produced in support of his age. However, relying on police case that the accused was aged 19 years, the High Court had rejected the bail application. While allowing bail the Supreme Court was pleased to observe as under: "The learned Assistant Advocate-General could not raise any objection against the genuineness of the school leaving certificate or the entries therein. We are of the opinion that the view expressed by the police was not sufficient to reject the appellant's plea of tender age in view of the entries in the certified copy of the school leaving certificate. The appeal is, therefore, accepted and the appellant Muhammad Anwar is allowed bail in the sum of Rs, 20,000 with two, sureties each in the like amount to the staisfaction of Assistant Commissioner, Bhawal."
4. ' In the second case which is of Indian jurisdiction the Birth Certificate was accepted as conclusive evidence of the age of the girl involved in the case of rape.
5. Mr. A.A. Muhammadally, A.A.-G. Has no objection to grant of bail to the accused.
6. ' For the above reason bail is granted to the accused in the sum of Rs,20,000 and P.R. Of the same amount to the satisfaction of the trial Court.
7. Bail granted.