RASHAD AZIZ KHAN, J. - Mumtaz son of Jalla petitioner seeks bail in a case registered with Police Station Rahwali, District Jhang vide FIR dated 15.7.1995 for offences under section 302, 148/149 PPC.
The case was got registered by Zulfiqar with the allegation that on 15.7.1995 at about 8 ? p.m.
Petitioner came to the first informant and his brother Gulzar and started listening to tape-recorder.
At about 10. p.m. The first informant had gone to sleep. He heard barking of the dogs. He were up and saw the petitioner armed with l2 bore gun with Nawaz also armed with l2 bore gun along with Inayat, Bashir and Munir armed with guns standing near the cot of Gulzar. Within his view Munir fired hitting Gulzar on his left ear. The first informant raised alarm which attracted Mst. Sattan, his mother, and others whereupon the petitioner and his co-accused ran away.
2. It was contended by learned counsel for petitioner that the petitioner at that time of occurrence was less than 13 years of age. The petitioner was forced to make statement under section 164 Cr.P.C, but the same has no value as it was made under duress and coercion. Argued that according to the statement of the petitioner his case falls under section 319 PPC which is not a prohibitory clause. The contentions were opposed by learned counsel for the State.
3. I have heard the learned counsel and gone through the file. The petitioner is named in the FIR along with other co-accused. He is not alleged to have fired at the deceased. However, on 6.8.1995 confessional statement of the petitioner under section 164 Cr.P.C, was recorded wherein he asserted that he was armed with a carbine which belonged to the deceased and accidently it went of. If his statement under section 164 Cr.P.C, is accepted, the element of mensrea eis missing.
If the allegation in the FIR is relied upon then the petitioner had not committed any overt act except he was present with his co-accused. In these circumstances, I feel it has become a case of further inquiry which entitles the petitioner to concession of bail. Therefore, the petitioner shall be released on bail provided he executes a bail bond in the sum of Rs. 50,000/-(Rupees fifty thousand only) with two sureties, each in the like amount to the satisfaction of Judicial Magistrate/Deputy Magistrate, Chiniot. The petition is disposed of.