LAWS(MPH)-2013-1-87

RAMKUMAR Vs. STATE OF M.P.

Decided On January 22, 2013
RAMKUMAR Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) THIS is first application under Section 439 of Cr.P.C. The offences under Sections 364-A, 120-B, 506-B, 34 of IPC and Section 11/13 of the MPDVPK Act are registered against the applicant vide Crime No.244/2012 by Police Station, Kotwali, Distt. Datia.

(2.) LEARNED counsel for the applicant submits that applicant is a juvenile and he be released on bail. He relied on the judgment of the Supreme Court in (2012) 8 SCC 800 (Babla @ Dinesh v. State of Uttarakhand), judgment of this Court in 2002 (II) MPWN 123 (Nagendra alias Pradeep Singh v. State of M.P.) and order in M.Cr.C.No.2803/2012 (Sardar alias Pahalwan v. State of M.P.). He also relied on another judgment of Supreme Court in (2012) 5 SCC 201 (Om Prakash v. State of Rajasthan & Anr.). In addition, he submits that the document dated 31.10.2012 issued by Department of Radiology, District Hospital, Datia, shows that applicant is juvenile i.e. between 17 to 18 years, and therefore, he deserves bail.

(3.) I have heard learned counsel for the parties and perused the case diary.