| Case ID |
0457e2c0-dbeb-42ad-bc20-4439e8d1e315 |
| Body |
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| Case Number |
Criminal Miscellaneous No.5072-B of 2013 |
| Decision Date |
Jun 11, 2013 |
| Hearing Date |
|
| Decision |
The court granted post-arrest bail to the petitioner, Muhammad Ahmad Javed, who was involved in a case of alleged murder. The petitioner was determined to be a juvenile under the Juvenile Justice System Ordinance, as the Standing Medical Board assessed his age to be less than 16 years, corroborated by his birth certificate. The court noted that the petitioner had been in custody for nine months without trial and was no longer required for investigation. The court emphasized that the maturity of the mind of the accused could be better appreciated by the trial court after evidence was recorded. The court found no exceptional circumstances that would deny bail to the petitioner as per legislative provisions. Thus, bail was granted subject to conditions. |
| Summary |
This case revolves around the granting of bail to Muhammad Ahmad Javed, a juvenile accused in a murder case. The Lahore High Court ruled in favor of the petitioner, highlighting the importance of juvenile rights under the Juvenile Justice System Ordinance. The decision was based on the determination of the petitioner's age, which was confirmed to be below 16 years. The court found that the petitioner had already spent nine months in detention and had no further need for investigation. The ruling emphasizes the judicial system's responsibility in handling juvenile offenders, ensuring that their rights are protected while also considering the severity of the alleged crime. The decision aligns with previous rulings that support bail for juveniles unless exceptional circumstances are presented. This case underscores the balance between the rights of the accused and the gravity of criminal allegations, reflecting ongoing discussions in legal circles about juvenile justice reform. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ALI BAQAR NAJAFI, J
|
| Lawyers |
Syed Nisar Ali Shah for Petitioner,
Mian Imran Raheem, DPG with Mushtaq, S.-I. for the State,
Ch. Amin Rehmat for the Complainant
|
| Petitioners |
MUHAMMAD AHMAD JAVED
|
| Respondents |
The STATE and others
|
| Citations |
2014 SLD 2055,
2014 PCRLJ 352
|
| Other Citations |
Siraj Din v. Saghir-ud-Din alias GOGA and another 1970 SCMR 30,
Muhammad Anwar v. The State 1983 SCMR 1001,
Ghulam Mustafa and another v. The State 1971 PCr.LJ 485
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Juvenile Justice System Ordinance (XXII of 2000)
|
| Sections |
497,
302,
10
|