' The learned counsel for the petitioner canvasses bail on the strength of the provisions of subsection (7) of section 10 of the Juvenile Justice System Ordinance of 2000 by submitting that despite a lapse of more than six months since the arrest of the petitioner, the trial against him had not concluded. Further contends that the F.I.R. Had been lodged after a delay of one day. Adds that the petitioner had been falsely implicated in the crime in question being a close relative of his co- accused person.
2. I had summoned the petitioner because it had been submitted before me on the last date of hearing that he was less than 13 years of age and was a small child. The petitioner is present in Court and is fairly well built and able-bodied young man. It could, therefore, not be said that he was a kind of child who could not have participated in the kind of alleged' crime in question.
3. The proviso added to the abovementioned subsection (7) of section 10 of the Juvenile Justice System Ordinance of 2000 excludes the operation of the provisions of the said subsection where the offence committed was serious or heinous or gruesome etc. As per the allegations levelled through the F.I.R., five persons had entered the house of the complainant in the dark hours of the night while each one of them was armed with a fire-arm and had thereafter committed dacoity. It, therefore, could not be said that such an offence was not serious or heinous. In this view of the matter, the concession made available to the accused children through the above-noticed provisions of subsection (7) of section 10 of the said Ordinance could not be extended to the petitioner. Delay in criminal cases is per se of no consequences unless it could be established that the said delay had been utilized to fabricate a false case. Nothing has been indicated which could have led this Court to hold, even prima facie, that the complainant had any motive or reason to falsely implicate the petitioner in the crime in question. It may be added that the allegedly looted V.C.R., the T.V., two silver bangles and a gun had been allegedly recovered from/at the instance of the petitioner
4. At this stage, the learned counsel for the petitioner prays for permission to withdraw this petition.
5. Dismissed as withdrawn.
6. The petitioner shall be taken back to the custody from where he was brought.