S.A. MANAN, J.- Petitioner has filed this Crl. Misc for cancellation of to respondent Umar Hayat vide my order dated 22.5.1993 on the basis of 1983 S.C.M.R 1001 "Muhammad Anwar vs. The State" and 1990 P.Cr.L.J 886 "Muhammad Rafique vs. The State" on the ground that petitioner was less than 16 years of age. It was observed that "learned counsel for complainant is at liberty to i.e an application for cancellation of bail in case of availability of any material showing that the birth certificate was forged". Learned counsel in the present Crl. Misc argued the case in the previous Crl.
Misc No. 1550-B-93, granting bail to respondent.
2. Respondent Umar Hayat produced a birth certificate No. 117722 dated 31.12.1989 in original issued by Resident Director Punjab and countersigned by District Project Manager Lahore showing him successful in Primary Standard Examination 1989 and further stating therein his date of birth as 1.1.1979. The bail application remained pending and finally arguments were heard but there was no rebuttal to the documentary evidence in the form of aforementioned birth certificate. Thereafter the present Crl. Misc, was filed and the case was taken up and the learned counsel twice sought permission to i.e some documents which request was accepted. However, along with application, petitioner has filed an affidavit Annex: 'A' of one Ghulam Shabir s/o Nawab Din stating that the respondent was not studying in village Ludhake Uchey. However, this deponent stated lack of knowledge if the respondent was studying in some other school. On back of this affidavit, there is another person Fazal Karim stating on oath the same deposition as was made by Ghulam Shabir.
Both the affidavits are not properly verified and also do not disclose in which court the same were being filed. There is a letter dated 29.6.1989 issued by the District Project Manager LAMEC Lahore showing that one Fazal Karim worked in the Organization of Literacy and Mass Education Commission from 25.2.1987 to 30.6.1989. These were two documents filed with the original application and thereafter petitioner filed Cr. Misc. No. 1356-M-93 for placing on record additional documents. The first is the complaint dated 22.7.93 filed by present petitioner Muhammad Mohsin against respondent in the court of llaqa Magistrate police station Raiwind u/s 420/468/471 PPC where one Khadim Hussain appeared as PW1 and this statement is also filed on the record of this petition showing the absence of name of respondent in Govt. High School village Ludhaki Uchey Police Station Raiwind. PW1 in his statement referred to some school leaving certificate of Umar Hayat, respondent, showing his admission on 4.2.1988 and leaving the school on 31.3.1989. Similarly there is a copy of entry from school leaving register showing the admission of Umar Hayat on 12.4.1989 with date of birth as 1.10.1974 and similar is the other document Annex: 'H\ I have gone through the documents attached with the present application and also additional one filed subsequently and am of the opinion that it is not possible to hold a detailed enquiry into the date of birth of respondent in view of the fact that school leaving certificate produced by him remains unrebutted.
3. Respondent is one of the accused and stated to have been found innocent by the police.
Learned Addl. Sessions Judge Lahore refused his bail application holding that "the mere fact that he is a minor is no ground in itself for him to claim bail as of right". The allegation against respondent is regarding sota injuries to the deceased. After having considered the arguments of learned counsel for the parties and keeping in view the documents now placed on the record and also the complaint pending before learned Magistrate, which was filed after the hail order by this Court, I do not find any valid ground to interfere in my previous order dated 22.5.1993 granting hail to respondent.
Resultantly, there is no merit in this Crl. Misc, and the same is dismissed.