' This petition has been moved by Abbas, Mokha, Dosa and Mohammad Ishaque. Earlier bail petition had been moved on behalf of Abbas, Mokha and Dosa, which was dismissed by this Court vide detailed order dated 13th August, 1974. That order runs as follows :- "Mr. Muhammad Latif Khan Khosa, Advocate, the learned counsel for the petitioners does not press the bail of Mokha and Dosa, petitioners. Their bail application is dismissed as having not been pressed. (2) The learned counsel contends that Abbas, petitioner was medically examined and the doctor gave the age as 16 to 17 years and on the ground of being round about 16 years of age, may be released on bail, that Abbas, petitioner is a student of 7th class and his career would be ruined if the bail is not allowed ; that the petitioner is in jail for the last 15 months and the case is still pending before the Inquiry magistrate. (3) It is provided in proviso to section 497, Cr. P. C. That a person under the age of 16 years may be allowed bail in a case which is punishable with death or imprisonment for life. It is a discretion, which rests with the Court and his discretion is to be exercised judiciously keeping in view the facts and circumstances of the case. According to the complainant, Abbas and his brother Mughla, co-accused had a grudge against Said deceased because the latter was alleged to have murdered their mother and also had deprived them of the land measuring 3 marlas. On the day of occurrence, at 9/10 a. m. The petitioner and others constituted an unlawful assembly and in the prosecution of common object of that unlawful assembly committed the murder of Said deceased by firing gunshots and inflicting injuries with hatchet, sticks etc. Abbas petitioner was stated to be armed with hatchet and he caused injuries to the deceased after he had fallen from the mare on the receipt of gunshot fired by Mughla, co- accused who is the brother of Abbas, petitioner. The learned counsel admits that 16 injuries had been caused to the deceased including injuries with sharp-edged weapon. The petitioner had caused injuries to the deceased with hatchet. He had taken active part in the occurrence. These eye-witnesses have been examined. Out of them Ahmad complainant and Rajab supported the prosecution case and they involved the petitioner in their statements though Mst. Janat Bibi did not depose against the petitioner. She was allowed to be cross-examined by the learned counsel for the complainant at his request. The learned counsel has also stated that the case could not be conducted by the counsel of the complainant and only the Public Prosecutor could conduct the case as provided in section 495, Cr. P. C. If the learned counsel for the petitioners has any grievance that the case was being conducted by the person who was not authorised to do so, he can avail of some other remedy open to him. Taking into consideration the facts of the case I find that there are reasonable grounds to believe that petitioner is guilty of an offence punishable with death or imprisonment for life. He is not entitled to the concession of bail for the reason that he is about 16 years of age and is a student. With these observations, the bail application is dismissed.
This order shall not prejudice the mind of the Enquiry Magistrate. The petitioners are in jail for the last about 15 months. 'The Inquiry Magistrate is directed to complete the Inquiry within the shortest possible time by giving short dates and avoiding unnecessary adjournments and by securing the attendance of the remaining witnesses through bailable or non-bailable warrants in case the witnesses evaded service of summons."
2. No fresh or additional ground for bail is made out. In view of the evidence on record, there are not reasonable grounds to believe that the petitioners are not guilty of an offence punishable with death or imprisonment for life. The petition is dismissed.
' The committing Magistrate is directed to expedite the enquiry within three months and send a report to this Court. A direction had earlier been given for expeditious disposal on 13th August, 1974, and the enquiry should have been completed by this time.