LAIS Vs. STATE

JUDGEMENT

(1.) In this case the petitioner was arrested under section 452/302 Indian Penal Code on 19th November, 1990 in connection with the murder of one Suit. Zamila Begum. After he was committed to the Court of Session tor trial, the petitioner moved an application before the learned Additional Sessions Judge for his release on bail on the ground that he was below 16 years of age' on the date of commission of offence. While dealing with this application the learned Additional Sessions Judge was of the view that it would be in the interests of Justice to firstly determine the age of the petitioner and, therefore, he held an enquiry under section 32 of the Juvenile Justice Act, 1986 (hereinafter referred to as 'the Act'). In the aforesaid enquiry evidence was recorded and after hearing the learned counsel for the parlies, the learned Additional Sessions Judge by his order dated 26th June, 1992 held that the petitioner was juvenile at the lime of commission of offence under section 8 of the Act and directed that the record of proceeding of the petitioner he forwarded to the Court of Juvenile Justice for trial according to law.

(2.) When the case was forwarded to the Court of Juvenile Justice vide order dated 13th July, 1992 (he said Court decided to hold an enquiry under section 32 of the Act to determine the exact age of the pelilioner on the date of the alleged commission of offence. The learned Court of Juvenile Justice thereafter got examined the age of the petitioner on the basis of physical, denial and radiological examination from Maulana Azad Medical College and relying on the said report rejected the application of the petitioner for hail vide order daled 15lhSepleiiiher, 1992. It was also held in this order that the petitioner cannot claim the benefit of section 18 of the Act for grant of bail till enquiry for determining the exact age on the alleged date of commission of offence is completed.

(3.) In the present petition, the petitioner has challenged the order dated 13th July, 1992 for initiating fresh enquiry to ascertain the age of the petitioner and has also prayed for his release on bail till the disposal of the case.