1. ' The facts leading to present application for bail are that applicant/ accused Muhammad Anwar is facing trial under section 17(1), Offences Against Property (Enforcement of Hudood) Ordinance, 1979 in Sessions Case No,667 of 1997 before learned IIIrd Additional Sessions Judge, Karachi West, arising out of F.I.R. No,147 of 1997, dated 29-8-1997 of Police Station Orangi Extension, Karachi West.
2. ' The brief facts of the prosecution case as disclosed in the F.I.R., lodged by Muhammad Salim alias Shahid Qureshi are reproduced hereinbelow:-- "I reside with my wife and children on the above address and I work as butcher at Banaras Chowk.
3. Today at about 5 p.m. In the evening I was present at my house and besides me, my father-in-law Muhammad Yousuf and boys of Mohallah namely Tahir and Shamim were also present there. The accused persons who have now disclosed their names as (1) Muhammad Anwar son of Noor Muhammad (2) Fakhre Alam alias Baboo son of Muhammad Jehangir entered in my house with intention to commit robbery. Both the accused pointed out arms at me and directed me to hand over silently cash amount and ornaments. In the meantime lady inmates of the house raised hue and cry whereupon other Mohallah people also assembled there and with their help we caught hold of the accused persons and snatched pistols from the hands of both of them. From accused Muhammad Anwar a rusty pistol loaded with cartridge alongwith magazine was secured and from accused Fakhre Alam alias Baboo one pistol No,7053 loaded with cartridge alongwith magazine was recovered. I have brought both the accused with the help of Tahir, Shamim Akhtar and father- in-law Muhammad Yousuf, alongwith recovered arms and ammunition at police station. I produce both the accused and recovered arms and ammunition. I report that accused duly armed with intent to commit dacoity entered in my house. Action be taken."
4. ' Applicant/accused applied for bail before the Trial Court but the same was refused by impugned order, dated 14-2-1998.
5. ' Mr. Abdul Hameed Lakhan, learned counsel for the applicant/accused has contended that applicant/accused is a young boy of 16/17 of age and his remaining in jail with hardened criminals would adversely effect his morale; that the co-accused Fakhre-Alm alias Baboo has been granted bail on the ground of tender age in the very same case; that the Hulia Form (face sheet) of applicant/accused prepared by police and appended with police papers reveals his age as 16 years, thus, keeping in view the rule of consistency applicant/accused is also entitled to bail.
6. ' Mr. Jawed Akhtar, learned counsel for the State has vehemently opposed the grant of bail. He has contended that no documentary proof has been placed on record to show that applicant/accused is of tender age. The Hulia Form (face sheet prepared by police is not conclusive proof of age, therefore, applicant/accused is not entitled to bail.
7. ' I have heard and considered the arguments of Mr. Lakhani, learned counsel for the applicant/accused and Mr. Jawed Akhtar, learned counsel for the State as well as perused the material and impugned order.
8. The learned counsel for the applicant/accused has only pressed bail plea on the ground of age and in that context he has relied upon Hulia Form (face sheet) prepared by the Police wherein his age has been shown as sixteen years. No other documentary proof i,e, testimonial or birth certificate etc. Has been produced from which it could be ascertained that applicant/accused is really of "tender age" or "child" as defined under section 5 of Sindh Children Act, 1955. The Hulia Form (face sheet) is not a conclusive or authenticated proof of age nor it can be termed as an expert opinion. So far rule of consistency is concerned, A the case of co-accused Fakhre-Alam alias Babu who was granted bail by the Trial Court is quite distinguishable from the case of applicant/accused as admittedly co-accused was of 15 years of age, thus, he was a "child" as envisaged under section 5 of Sindh Children Act, 1955, therefore, plea of consistency has no force.
9. Under the circumstances of the case, I regret that I do not find myself in agreement with the contentions raised by the learned counsel for the applicant/accused. Consequently, application for bail is dismissed.
10. Bail .