BANT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Heard counsel for both the sides. The, learned counsel for the petitioner contends that the petitioner was born on 10.8.1959 and therefore, on the date of the offence namely 7.8.1977, the petitioner was below 18 years of age and therefore, his case for premature release ought to have been considered on that basis. But the learned counsel for the state on the other hand contends that the age of the petitioner was given as 21 years as per record of the sessions case concerned and therefore, the case of the petitioner was considered on the basis that he was 21 years on the date of the offence and therefore, the case of the petitioner for being prematurely released was rejected. Except stating that the age of the petitioner, as per sessions case record is 21 years, the state has not placed any material to show that the age of the petitioner was 21 years; whereas the petitioner has produced annexure p-1, the copy of the birth certificate issued by the office of the Civil Surgeon, showing his date of birth as 10.8.1959 registered on 15.8.1959, which means that the petitioner was less than 18 years of age on the date of the occurrence namely 7.8.1977. In as much as the state has not placed any material to show that the petitioner was more than 18 years, I am of the view that respondents should be directed to consider the case of the petitioner for pre mature release afresh on the basis that the petitioner's age was below 18 years on the date of the alleged occurrence.

(2.) This petition is accordingly allowed and the respondents are directed to consider the case of the petitioner for being prematurely released on the basis that the petitioner was less than 18 years of age on the date of the occurrence. The necessary order be passed with six weeks from the date of receipt of copy of this order. Copy be given dasti on the payment of necessary charges to the counsel for the petitioner. Order accordingly.