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AAZIR KHAN vs State S — 2022 YLRN 83 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLRN 83 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
AAZIR KHAN vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 6---A; Penal Code (XLV of 1860); Juvenile Justice System Act (XXII of 2018); Juvenile Justice System Act

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

AAZIR KHAN VS State S. 497---Penal Code (XLV of 1860), Ss. 324 & 34---Juvenile Justice System Act (XXII of 2018), S. 6---Attempt to commit qatl-i-amd---Common intention---Release of a juvenile on bail---Bail, grant of---Scope---Accused sought post arrest bail in an FIR registered under Ss. 324 & 34, P.P.C.---Person like accused, who even according to prosecution version did not repeat the fire on injured persons, could not be kept behind the bars for an indefinite period by way of pre-trial punishment---Accused at the time of occurrence was less than 16 years of age, therefore, his case fell within the definition of "child" as defined under Juvenile Justice System Act, 2018---Section 6(3) of Juvenile Justice System Act, 2018 provided that where a juvenile was arrested or detained for commission of a minor or major offence for the purposes of the Act, he shall be treated as if he was accused of commission of a bailable offence, hence the injuries attributed to the accused were bailable in nature---30 bore pistol was recovered on the indication of accused but no crime empty was taken into possession during spot inspection, hence such recovery was inconsequential---Petition for grant of bail was allowed.

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