| Case ID |
257edb10-76bf-479f-8081-74ccfd42bbf1 |
| Body |
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| Case Number |
Cr. Misc. Bail Application No. 344-B of 2017 |
| Decision Date |
Sep 25, 2017 |
| Hearing Date |
|
| Decision |
The court refused the bail application of the petitioner, Fawad Khan, who was involved in a serious criminal case under sections 324 and 34 of the Penal Code. The refusal was based on the nature of the offense, which involved an attempt to commit murder with a firearm. The court emphasized that the petitioner, being above the age of 15, could not claim special consideration under the Juvenile Justice System Ordinance for offenses of a heinous nature. The incident was a daylight occurrence, and the complainant's account was supported by multiple injuries sustained, which were consistent with the allegations made. The judgment highlighted the importance of not allowing bail in cases involving serious crimes to deter juvenile delinquency. |
| Summary |
This case revolves around the bail petition of Fawad Khan in a serious criminal matter involving attempted murder. The Peshawar High Court, presided over by Justice Abdul Shakoor, evaluated the circumstances surrounding the case, including the complainant's injuries and the immediate evidence collected at the crime scene. The court focused on the implications of granting bail to juveniles involved in heinous crimes. The ruling reinforced the principle that while some concessions may be available for juveniles under the age of 15, those above this age, particularly involved in severe offenses, could not expect leniency based solely on age. The decision is significant in understanding the judicial approach to juvenile justice in serious criminal cases, balancing the need for accountability and the rights of young offenders. Keywords such as 'bail denial', 'juvenile justice', 'attempted murder', and 'serious crimes' are crucial for legal professionals and scholars studying similar cases. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SHAKOOR, JUSTICE
|
| Lawyers |
Syed Fakhr-ud-Din Shah,
M. Salim Awan,
Shahid Hameed Qureshi
|
| Petitioners |
Fawad Khan
|
| Respondents |
Jamshed Khan,
Wafid Khan
|
| Citations |
2018 SLD 1052,
2018 PCRLJ 498
|
| Other Citations |
Farmanullah and another v. The State and another 2005 PCr.LJ 1500
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Juvenile Justice System Ordinance, 2000
|
| Sections |
497,
324,
34,
10
|