PESHAWAR: The Peshawar High Court, Mingora bench, has granted bail to a 13-year-old minor girl arrested on charges of killing a person around five months ago in Buner district.

A bench consisting of Justice Shahid Khan accepted her petition on condition of furnishing two surety bonds of Rs200,000 each.

The bench observed that the record of the case transpired that the petitioner was a juvenile offender so reflected in her card of arrest drafted and prepared at the stage of preliminary investigation, whereof her age had been shown as 12/13 years.

The bench further observed that the petitioner could safely be observed as a juvenile at the time of occurrence, within the meaning of Juvenile Justice System Act, 2018, and in view of section 6(3) and 6 (4) of the Act, she was less than 16 years of age.

The bench referred to a judgment of the Supreme Court, wherein it was mentioned that as the petitioner, in that case, was exactly 16 years of age, therefore, it should be considered as if he was accused of commission of a bailable offence.

The FIR of the occurrence was registered at Gagra police station, Buner, under section 302, 324 and 34 of the Pakistan Penal Code and 15 of the Arms Act.

The complainant, Kamal Shah, father of the deceased Gohar Shah, had told police that he was cutting grass in the fields when the accused/petitioner and her mother came out of their house and prevented him from doing so. He added that on his refusal, both of them started altercation with him and also pelted stones at him.

He alleged that in the meantime his son Gohar Ali Shah and petitioner’s father Taseer Khan also reached there and the latter asked his daughter to bring a pistol from their house.

The complainant claimed that the accused/petitioner brought the pistol and started firing at them which resulted into injuries to Gohar Ali, who expired on his way to the hospital.

Advocate Aurangzeb Khan appeared for the petitioner and stated that it was a cross case wherein both the parties had accused each other of the offence.

He contended that it was yet to be established as to which of the parties was the aggressor.

He argued that the petitioner was a female and only 12/13 years of age. He added that the other two co-accused (parents of the petitioner) had already been granted bail therefore the petitioner was also entitled to it on the basis of the principle of consistency.

Earlier, the Buner district and sessions judge had rejected bail plea of the petitioner on July 18, 2023, observing that there was no concession for the accused under the Juvenile Justice System Act in committing a heinous offence.

Published in Dawn, September 25th, 2023