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Gujarat High Court · body

2016 DIGILAW 2062 (GUJ)

Indravadansinh Vikramsinh Solanki v. State of Gujarat

2016-09-23

A.Y.KOGJE

body2016
ORDER : A.Y. KOGJE, J. This is an application for anticipatory bail in connection with FIR being CR No. I-58 of 2016 registered with Shahera Police Station, Panchmahals for offences under Sections 307, 452, 427, 143, 147, 148, 149, 323, 504, 506(2) and 114 of IPC and Section 135 of the Gujarat Police Act. 2. It is the case of the applicant that earlier in point of time, the applicant had filed application for anticipatory bail, which was not pressed. However, at that point of time, out of miscommunication and sheer inadvertence, age of the applicant was mentioned to be 20 years, which is incorrect. The actual age as per the applicant at the time when the offence was declared was 17 years. For this purpose, learned Advocate for the applicant referred to and relied upon the a certificate, which is registration of birth of the applicant and “Aadhar card” reflecting his date of birth to be 25.05.1998, which would indicate that on the date of the offence, i.e. on 24.04.2016, the applicant was 17 years of age. He further submitted that the other co-accused persons have already been enlarged either on regular bail or anticipatory bail by this Court or by the Sessions Court and therefore, his case may also be considered favourably. 3. Learned APP Ms. Punani submitted that the very claim of the applicant to be of minor in age at the time when the offence was committed, the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 would be attracted and hence, as provided for under Sections 10 and 12, steps will have to be taken by the Investigating Officer as and when the applicant is apprehended and is able to produce before the Investigating Officer the proof relating to his age of minority. Learned APP, upon being instructed by Investigating Officer, states that as and when the applicant remains present before the Investigating Officer, the Investigating Officer will receive all the relevant evidences to support the claim of the applicant of he being minor in age and shall immediately forward it to the Juvenile Justice Board as provided for. 4. In view of the aforesaid, it appears that apprehension of the applicant of being arrested is not well founded. 4. In view of the aforesaid, it appears that apprehension of the applicant of being arrested is not well founded. Learned Advocate for the applicant therefore does not press this application to enable him to approach the Investigating Officer with all the material, particular regarding age verification of the applicant. The Investigating Officer is directed to act in compliance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 as and when the applicant presents himself before the Investigating Officer. 5. The application is disposed of as not pressed. Notice is discharged. 6. Direct service is permitted.