SATPAL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This is second bail application under section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No. 326/12 registered by Police Station Isagarh, District Ashok Nagar, for the offences under sections 307, 323, 294, 451 and 506/34 of Indian Penal Code.

(2.) The applicant has prayed for bail on the singular ground that he is a juvenile. In support of the contention, he filed a primary school certificate, which indicates his date of birth as 02.08.1997. It is stated that applicant is in custody since 11.11.2012 and he be released on bail. By relying on Virendra Kumar Alias Bhooloo Gupta and another Vs. State of Chhattisgarh, 2009 2 MPHT(Chh) 110; Ashwini Kumar Saxena Vs. State of M.P., 2013 1 MPHT 109 and Abuzar Hossain Vs. State of West,, 2013 1 SCC(Cri) 83 Bengal. Shri Gautam, learned counsel for the applicant submits that the applicant is a juvenile and this Court on 03.04.2013 directed the respondent/ State to depute a responsible officer to examine the correctness and genuineness of the aforesaid marksheet and progress report of the applicant. It is stated that in turn, the State Government deputed its officer and the said officer found that the certificate is genuine and in fact, the applicant's date of birth is correct. On the basis of aforesaid, it is stated that at any stage or before any Court if it is proved that the accused is a juvenile, he needs protection as per the scheme of Juvenile Justice (Care and Protection of Children) Act, 2000, (for short '2000 Act').

(3.) Per Contra, Shri A.S. Rathore, Public Prosecutor submits that the Government has filed a list of documents dated 01.05.2013, which contains certification dated 23.04.2013 by the Headmaster of Govt. Primary School, Raishree, Block Isagarh, District Ashok Nagar. The said officer certified that the date of birth of the applicant is 02.08.1997 and his age on the date of certification is 15 years, 8 months and 21 days.