' The petitioner is involved in a case under section 307, P. P. C. It is alleged that he made a murderous assault on Maula Bakhsh complainant and caused him two injuries with a knife. One of the injury suffered by the complainant has been reported to be grievous and the other one as simple.
2. On the making of the present petition by him, I admitted the petitioner to interim bail before arrest with notice to the State for today. Now, the question is whether the interim bail should or should not be confirmed.
3. In the petition it has been admitted that the petitioner caused injuries to the complainant with a knife at the night of occurrence. According to his birth certificate produced today the petitioner is aged 13 years and 10 months. He has produced a certificate showing that he is a student of 10th class and bears good moral character. His contention is that the complainant intended to commit with carnal intercourse against the order of nature and, therefore, in the exercise of his right of self- defence he inflicted injuries on him.
4. While admitting the petitioner to interim bail before arrest I directed him to join the police investigation as and when required. The Investigating Officer has informed that in the first instance the petitioner was not forthcoming inasmuch as he was endeavouring, to secure bail before arrest, but after he was admitted to bail he was summoned once when he did appear before the Investigating Officer. Learned counsel for the State has contended that the weapon of offence has not so far been recovered from the petitioner and, therefore, the interim bail allowed to him may not be confirmed. The Investigating Officer also says that the knife used by the petitioner for causing the injuries to complainant is yet to be recovered.
5. In view of what has gone above, it cannot be said that the petitioner has abused the concession of bail allowed to him. He did appear before the Investigating Officer when so required. Since the cause of injuries to the complainant by the petitioner is admitted, there can be possibly no objection to the production of the weapon of offence by him before the Investigating Officer. The Investigation Officer should try to recover the weapon of offenc by making use of his professional skill instead of insisting on the appearance o the petitioner before him in handcuffs. He is a lad of merely 14 years and a school boy. The Investigating Officer should not, therefore, find it difficult to handle him properly even if he remains on bail.
6. For the foregoing reasons, I confirm the interim bail before arrest allowed to the petitioner. I, however, again direct him to fully co-operate with the police in the matter of investigation. If at any stage it is brought to my notice that he is abusing the concession of bail, the same will be withdrawn forthwith.