17 February 2004	Tuesday	25 Zilhaj 1424

PESHAWAR, Feb 16: A district and sessions court on Monday granted bail to a juvenile offender charged in a double-murder case. Additional district and sessions judge Ahmad Sultan Tareen directed that the accused-applicant should be released after furnishing two sureties amounting to Rs200,000 each.

The applicant, Naimat Khan, was charged along with four other accused in the murders of two brothers, Aslam Khan and Amir Khan. The murders had occurred on April 4, 2002, in the jurisdiction of the Daudzai police station.

Complainant in the case was Firdous Khan, uncle of the two deceased. He charged Nasrullah Khan, Naimat Khan, Ajab Khan, Khalo Khan and Sajjad Gul for the commission of the offence.

Mian Abdul Fayyaz appeared on behalf of the applicant, Naimat Khan, arguing that he was a juvenile offender, adding at the time of occurrence of the incident he was 16 years old. He pointed out that a standing medical board had examined the applicant and declared him a juvenile.

Mr Fayyaz argued that under Section 10(7) of the Juvenile Justice System Ordinance, 2000, a juvenile offender was entitled to bail if he was accused of an offence punishable with death and had been detained for a period of more than one year and whose trial had not concluded. He added that the trial of Naimat had not concluded within an year and he was entitled to bail.

He pointed out that one of the accused, Sajjad Gul, was also a juvenile and he had been released on bail, adding that the bail cancellation application against his release by the additional district and sessions judge was dismissed by the high court.