1. ' Instant bail application has been filed by Muhammad Hashim in Crime No,136 of 1998, Police Station Babarloi, District Khairpur facing trial in Sessions Case No,443 of 1998 under section 302/34, P.P.C.
2. ' Allegation against the applicant is that he in the company of 3 other armed persons came at the house of complainant gave Hakal. Applicant point blank fired at Mst. Rani who succumbed to the injury. Mst. Rani was sister of the complainant and step-mother of the applicant. She was allegedly killed on the suspicion of bad character.
3. ' Learned counsel for the applicant urged bail only on the ground of minority of the applicant at the time of incident, who according to him was of 14 years of age at the time of commission of offence.
4. He laid much emphasis on section 64 of the Sindh Children Act, 1955 to claim bail as a matter of right.
5. ' Section 64 of the Act XII of 1955 reads as under:-- "6'
4. Where a boy or girl apparently under the age of sixteen years is arrested on a charge of a non-bailable offence and cannot be brought forthwith before a Court, competent to try the case, the Officer Incharge of the Police Station to which such boy or girl is brought, may release the child on bail, if sufficient security is forthcoming, but shall not do so where the release of the child shall bring him into association with any reputed criminal or expose him to moral danger or where his release would defeat the ends of justice."
6. ' Above provision only provides that if a minor who appears to be below 16 years of age and is involved in non-bailable offence and cannot be produced before a Court of competent jurisdiction then only, such minor may be released on sufficient security, by the Incharge of the Police Station.
7. Such powers are not absolute but controlled by latter part of the section which put fetters on the discretion of the Officer Incharge of Police Station. Minor is not to be released on bail where his release shall bring him into association with any reputed criminal or expose him to moral danger or where his release would defeat the ends of justice.
8. Mere fact that applicant is below 16 years of age will not ipso facto entitle him to the concession of bail either under section 64 of the Sindh Children Act, 1955 or by virtue of 1st proviso to subsection
(1) of section 497, Cr.P.C. Every case is to be examined on its own merits and Court cannot be swa yed away on the plea of minority done. Minority may be one of the consideration but, not the only consideration. It is the gravity of the offence and other attending circumstances that are to be kept in mind while exercising such discretion. In a case where overwhelming evidence has been collected by the prosecution that connects the applicant with commission of heinous crime, release of such person on bail would not only defeat the ends of justice but would have adverse impact on the society.
9. ' In a recent case reported as Muhammad Sharif v. Shafqat Hussain alias Shoukat and another 1999 SCM R 338 Apex Court cancelled the bail of a minor of 16 years granted by the High Court.
10. ' It was held:-- "It has been time and again laid down that merely because a person of 16 years of age would not make him entitled to the grant of bail automatically. Each case has to be examined in the light of its own facts and the discretion has to be exercised judiciously and not arbitrarily. The learned counsel for the respondent contended that the challan in this case has been submitted and the trial is likely to be commenced and therefore, at this stage may not be cancelled. This contention is devoid of force in the circumstances of this case. Every case is to be examined in the light of its own facts."
11. In view of the foregoing I do not find any merits in the bail plea bail is accordingly declined.