SADDAM HUSSAIN vs State S — 2022 MLD 377 Gilgit-Baltistan Chief Court

Case information

Citation: 2022 MLD 377 Gilgit-Baltistan Chief Court
Year: 2022
Reporter: MLD
Parties: SADDAM HUSSAIN vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 10; S. 380; S. 497; Penal Code (XLV of 1860); Juvenile Justice System Ordinance (XXII of 2000); Juvenile Justice System Ordinance

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

SADDAM HUSSAIN VS State S.497---Penal Code (XLV of 1860), Ss. 380 & 457---Juvenile Justice System Ordinance (XXII of 2000), S. 10 [since repealed]---Theft in dwelling house, lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment---Bail, grant of---Scope---Accused persons were alleged to have been caught red handed by the police with articles stolen from a water pump---Accused persons were juvenile at the time of their arrest and under the provisions of S.10(7)(c) of the Juvenile Justice System Ordinance, 2000, a child, who for commission of an offence, had been detained shall be released on bail after he had been in continuous detention for a period exceeding four months and whose trial for such an offence had not been concluded---Accused persons were entitled for concession of bail as they were behind the bars for the last six months---Offence under S.380, P.P.C., did not fall within the ambit of prohibitory clause of S.497, Cr.P.C., and grant of bail in such like cases was a rule and refusal was an exception---Section 457, P.P.C., was not prima facie attracted to the case of accused persons---Petition for grant of bail was allowed, in circumstances.

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