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MUHAMMAD ALI vs State S — 2022 MLD 1073 HIGH-COURT-AZAD-KASHMIR

Case information

Citation
2022 MLD 1073 HIGH-COURT-AZAD-KASHMIR
Year
2022
Reporter
MLD
Parties
MUHAMMAD ALI vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 299; S. 497; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD ALI VS State S.497---Penal Code (XLV of 1860), Ss.302, 299, 147, 148, 149, 337-A, 337-F & 109---Qatl-i-amd, rioting, armed with deadly weapon, shajjah, ghayr-jaifah, abetment---Bail, refusal of---Minority of accused---Scope---Accused sought bail after arrest on statutory ground of delay in conclusion of trial and minority---Accused was alleged to have fired a straight shot with pistol near the chin of complainant's brother, who succumbed to the injuries---Perusal of School Certificate and verification revealed that such documents did not bear the name of accused---Accused, at the time of occurrence, was 17 years and 20 days of age and in such an age a male commonly attains puberty---Accused, by physical appearance, had attained puberty and under S. 299, APC, adult was described as a person who had attained, being a male, the age of eighteen years or had attained puberty, whichever was earlier---Between the words "age of eighteen years" and "puberty" the word "or" was used which clearly reflected that out of the two conditions, the condition whichever came earlier, would be considered to declare a person adult---Mere presentation of School Certificate and verification was not sufficient to prove the accused as minor---Accused was not entitled to be released on bail under third proviso to S.497(1), Cr.P.C.---Petition for grant of bail was dismissed, in circumstances.

Other judgments reported in 2022 MLD

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