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SC Grants Bail To Juvenile Murder Accused 2 Years After Unlawful Imprisonment

The Supreme Court on Tuesday granted bail to a juvenile offender in a murder case nearly two years after his unlawful imprisonment.

According to Express Tribune, the top court observed that the accused, namely Saleem Khan was apprehended on June 7, 2018 and was declared a juvenile on November 27, 2019, while the trial was ongoing. He was later given bail on the basis of furnishing a bond of Rs.200,000/- with one surety.

Passing out the judgement, Justice Syed Mansoor Ali Shah said it is the the statutory responsibility of the police to determine an accused’s age at the time of the offence. In the absence of this, the court of a general jurisdiction can proceed to determine the same and transfer the case to a juvenile court.

In the case at hand, the top court noted, the police had not fulfilled out any such exercise. “Therefore, the court, on the application of the petitioner, [has] issued the required declaration,” and added, “Instant criminal petition is converted into an appeal and the same is hereby allowed.”

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Naya Daur