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2005 DIGILAW 275 (SC)

JAGAN SINGH v. State Of U. P.

2005-02-11

G.P.MATHUR, R.C.LAHOTI

body2005
ORDER 1. Leave granted. 2. In a trial for an offence under Sections 452 and 302 IPC, a question arose before the trial court whether the accused Arjun Singh was a juvenile or not. The Court held an inquiry and vide order dated 15-12-2003 arrived at a finding that the said accused was not a juvenile. His prayer for bail was also directed to be rejected in view of that finding. 3. The accused filed a revision petition in the High Court. The High d Court by the impugned order dated 4-3-2004 set aside the order of the trial court, held the accused to be juvenile and directed him to be released on bail. Feeling aggrieved whereby the complainant has filed this appeal by special leave. 4. Having heard the learned counsel for the parties, we are satisfied that the impugned order of the High Court cannot be sustained and the appeal has to be allowed. A perusal of the order of the High Court shows that the High Court has entertained doubt about the finding arrived at by the trial court because in the opinion of the High Court the documents produced before the trial court called for further verification. If that be so, the High Court should have remanded the matter to the trial court for an inquiry afresh. 5. The appeal is allowed. The impugned order of the High Court dated 4-3-2004 is set aside. Instead, the matter shall stand remanded to the trial court. The trial court shall hold an inquiry afresh affording the parties an opportunity of adducing such further evidence as they may choose to produce and then form an opinion on the question whether the accused Arjun Singh is a juvenile or not. 6. Though the order of the High Court is being set aside, however, the accused Arjun Singh shall continue to remain on bail, if has been so released in compliance with the order dated 4-3-2004 passed by the High Court. The inquiry shall be expeditiously concluded. The accused shall not delay the inquiry. If the trial court finds that the accused is instrumental in any manner whatsoever in delaying the inquiry on the question of juvenility then the trial court shall not hesitate in taking the accused into custody. In the event of the accused being held to be juvenile, he may be released or continued on bail. If the trial court finds that the accused is instrumental in any manner whatsoever in delaying the inquiry on the question of juvenility then the trial court shall not hesitate in taking the accused into custody. In the event of the accused being held to be juvenile, he may be released or continued on bail. If the accused is found not to be a juvenile he shall surrender to custody a whereafter he would be at liberty to seek bail, which prayer, if made, shall be considered on its own merits.