SAHIB ULAH vs STATE through A — 2022 SCMR 1806 SUPREME-COURT

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SAHIB ULAH VS STATE through A.G. Khyber Pakhtunkhwa S. 497---Juvenile Justice System act (XXII of 2018), Ss. 6(3) & 6(4)---Penal Code (XLV of 1860), Ss. 302, 324, 212 & 34---Constitution of Pakistan, art. 185(3)---Qatl-i-amd---Bail, grant of---Juvenile of 'more than sixteen years of age'---Connotation---In the present case the accused was 'exactly' sixteen years of age on the date the offence was committed, and was not 'more than sixteen years of age'---Such fine distinction had to be kept in mind when considering application of section 6(3) and section 6(4) of the Juvenile Justice System act, 2018 ('the 2018 act')---Since the accused on the date of commission of the offence was exactly sixteen years of age, and not more than sixteen years of age, therefore, applicable provision of the 2018 act would be section 6(3), which provides that the accused has to be considered as if 'he was accused of commission of a bailable offence'---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to bail. Head NotesCase Description Citation Name: 2022 SCMR 1806 SUPREME-COURTBookmark this Case SAHIB ULAH VS STATE through A.G. Khyber Pakhtunkhwa S. 497---Juvenile Justice System act (XXII of 2018), S. 6---Constitution of Pakistan, art. 185(3)---Bail---Juvenile accused---When determining juvenility of accused, date of arrest in a criminal case is immaterial; an accused has to be dealt with under the law as applicable on the date that the crime is committed. Head NotesCase Description Citation Name: 2022 SCMR 1806 SUPREME-COURTBookmark this Case SAHIB ULAH VS STATE through A.G. Khyber Pakhtunkhwa Criminal statute/provision---If there are two possible interpretations of a provision of the law, the one favourable to the accused is applicable, and all the more so when the accused is governed by a special law. Head NotesCase Description

SAHIB ULAH vs STATE through A — 2022 SCMR 1806 SUPREME-COURT

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