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1993 DIGILAW 294 (MP)

Rakesh v. State of M. P.

1993-05-25

R.C.LAHOTI

body1993
JUDGMENT The earlier application for bail was heard by Hon'ble Shri K. K. Verma, J. who has since demitted the office. The applicant is an undertrial prisoner facing trial on charge u/s 302 I.P.C. in connection with Crime No. 75/91 of P. S. Mohana. The applicant claims to be less than 16 years of age, while he is 19 years of age according to the prosecution. The applicant raised an objection before the trial Court claiming protection of the Juvenile Justice Act, 1986 challenging the jurisidiction of the trial Court to try the case. The objection was overruled. As against the order of the trial Court, the applicant had preferred a revision before this Court which was been registered as Cr. Revision No. 164/92 and is pending for hearing before another Bench of this Court. The last date appointed for hearing is 25.6.93. The trial is held up as the record has been requisitioned in Cr. Revision No. 164/92. The learned counsel for the applicant has rightly placed reliance on Asharam v. State of M. P. (1992-1 MPWN 113) wherein this Court took the view that so long as an inquiry as to the age of the accused claiming benefit of Juvenile Justice Act was not concluded, the accused deserved to be released on bail. Pending hearing of Cr. Revision No. 164/92, it is directed that the applicant shall be released on his furnishing a personal bond in an amount of Rs. 10,000/with one solvent surety in the like amount to the satisfaction of e. J. M. Gwalior. The applicant shall remain on bail till the decision of Criminal Revision No. 164/92. If the revision is dismissed, the applicant shall surrender back to custody immediately on decision of the revision. If the revision is allowed and the plea of the applicant is upheld, the matter as to the bail and custody shall be determined consistently with the final order passed in the revision, The bonds shall undertake appearance of the accused on the dates appointed by the trial Court as also compliance with the order to be passed by this Court in Cr. Revn. No. 164/92. If the applicant claims to be ajuvenile which is yet to he decided, it is directed that the personal bonds shall be executed by the applicant as well as by his guardian on his behalf.