NARESH @ NATWAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order may be read in the light of the order dated 26th July, 2001 passed by the Hon'ble Division Bench consisting of Hon'ble Mr. Justice H.S. Bedi and Hon'ble Mr. Justice A.S. Garg, vide which two Criminal Appeal Nos. 23-DB of 1998 (Patwari alias Vikram v. State of Haryana) and 822- DB of 1997 (Naresh alias Natwar v. State of Haryana) were heard.

(2.) WHILE passing the final order, the learned Division Bench dismissed Crl. Appeal No. 23-DB of 1998 (Patwari alias Vikram v. State of Haryana) but during the course of arguments it was brought to the notice of the Hon'ble Division Bench that Naresh alias Natwar was a juvenile. Resultantly, Crl. Appeal No. 822-DB of 1997 filed by Shri Naresh alias Natwar was adjourned to await the report of the learned Sessions Judge with regard (sic) circumstances, he was supposed to be tried by the Juvenile Court. Be that as it may, since he, along with his co-accused Patwari alias Vikram, was convicted and sentenced and that he is in custody for the last about six years, therefore, we do not want to pass an order for his fresh trial. Had he been tried by a Juvenile Court, the maximum detention of this person in the Reformatory School could not be more than three years.