AFSAR ALI Vs. STATE OF U P

JUDGEMENT

(1.) The applicant-accused alongwith co-accused Abrar, Irshad, Rais, Saleem and Anis was challaned by the Police of Police Station Mundali District Meerut in case Crime No. 109 of 2001, under Sections 147,148,149,307 and 302 I.P.C. It's trial being ST. No. 610 of 2001. He was referred to the Juvenile Justice Board at the out set and the Board vide order dated 23.4.2005 declared him as a Juvenile below 18 years of age, the date of incident 17.4.2001.

(2.) The applicant is in jail since 17.4.2001 and despite that he has been declared as a Juvenile, he is still being retained in District Jail in place of an observation Home. He has also been denied bail by the Board. Revision filed by him against that order before Sessions Judge also failed while other co-accused after standing the regular trial, have been acquitted by the Addl. Sessions Judge, Fast Track Court No. 5, Meerut vide judgment dated 29.4.2006.

(3.) The prayer of the applicant is that the enquiry case No. 405/9/0 originating from Case Crime No. 109 of 2001, under Sections 147,148,149,307 and 302 I.P.C. against him be quashed, proceedings in the case be stayed and he also be granted bail during the pendency of application under Section 482 Cr. P.C.