Yasir Rehan vs State etc

2014 P Cr. L J 620

[Peshawar]

Before Assadullah Khan Chamkani, J

YASER REHAN---Petitioner

Versus

The STATE and another---Respondents

Criminal M. (BA) No.442 of 2012, decided on 4th September, 2012.

Criminal Procedure Code (V of 1898)---

----S. 497--- Penal Code (XLV of 1860), S. 336--- Juvenile Justice System Ordinance (XXII of 2000), S. 10---Itlaf-i-salahiyyat-i-udw---Bail, grant of---Plea of juvenility was accepted---Impact of jail on accused's educational career considered---Accused was alleged to have inflicted a grievous injury on the eye of the complainant---Accused was a minor and was aged about 16 years at the time of occurrence, which fact was supported by his school certificate---Alleged offence did not fall within the prohibitory clause of S.497, Cr.P.C. and in such like cases grant of bail was a rule and refusal thereof an exception---Accused was a regular student of 10th class and his stay in jail with hardened criminals would spoil his character and his educational career would also be badly affected inside jail--- Investigation on the case was complete and accused was no more required for further investigation---Accused was released on bail, in circumstances.

Abdul Jalal for Petitioner.

Muhammad Javid, DAG for the State.

Muhammad Zahir Shah for Respondent No.2.

Date of hearing: 4th September, 2012.

JUDGMENT

ASSADULLAH KHAN CHAMKANI, J.---Yaser Rehan, has applied for bail after he failed to secure his such relief from the courts below, involved in case F.I.R. No. 267 dated 20-7-2012 under section 336, P.P.C., registered at Police Station Kalakot.

2.Facts of the case are that Muhammad Jamil lodged a report to police in a Casualty Room of Civil Hospital Matta that on 18-6-2012 at 1345 hours he was on the way to home, in the meanwhile, he found Yaser outside his shop, who on seeing him started abusing him and gave him a stick blow with which he received injury on his left eye, as such, the above referred F.I.R. was registered.

3.Learned counsel for the petitioner argued that accused/ petitioner is innocent and has falsely been involved in the case. He argued that as per Medico-legal Report the eye-sight of the complainant has not been lost, therefore, the offence under section 336, P.P.C. is not applicable in the present case. He further argued that the intention of the petitioner was not to inflict grievous injury and such question is to be resolved at the time of evidence of prosecution at trial, therefore, the case of the petitioner requires further probe into his guilt. He further pointed out that the petitioner is under age and is studying in Class 10th, therefore, the he is also deserved to be extended with the concession of bail under the Juvenile Justice System Ordinance, 2002.

4.As against this, learned counsel for complainant and learned DAG appearing on behalf of the State argued that the accused/petitioner is directly charged by the complainant for inflicting grievous injury to him and his version has fully been supported by the Medico-legal as well as other material available on the file, therefore, at this stage of the case, he is not entitled to the concession of bail.

5.Arguments heard and record perused.

6.After hearing the learned counsel for the parties, it is disclosed that the accused/petitioner Yaser Khan is minor and was aged about 16 years at the time of occurrence. In this respect a school certificate is annexed which is reproduced as under:-- "Certified that Mr. Yasar Khan son of Muhammad Ishaq is the regular student of GHS Sakhra class 10th. His date of birth is 28-5-1996 and date of admission is 8.4.12 and the S.No. is 2258"

Moreover, the offence allegedly committed by the petitioner does not fall within the prohibitory clause of section 497, Cr.P.C. and in such like cases grant of bail is a rule and refusal thereof is an exception.

Similarly, as per school certificate, the petitioner is the regular student of Class 10th and his stay in Jail with other hardened criminals would spoil his character. Besides that, his education career would also be badly affected inside the Jail. Minority shall be a good ground for granting bail even in cases carry capital punishment. Furthermore, investigation in the case is complete and the petitioner is no more required for further investigation/interrogation.

7.Resultantly, this application is accepted and the petitioner is released on bail in case he furnishes bail bonds in the sum of Rs.1,00,000 (one lac) with two sureties each in the like amount to the satisfaction of Illaqa Judicial Magistrate, who shall ensure that the sureties are local, reliable and men of means.

MWA/311/P Bail granted.