(1.) CHALLENGE in this petition is the order dated 25.10.2013 passed by Shri R.S.Bajwa, Principal Magistrate Juvenile Justice Board, Tarn Taran vide which the application for cancellation of bail granted on 23.9.2010 was accepted while holding that Shamsher Singh is not a juvenile and is a major accused in respect of FIR No.82 dated 1.8.2010 registered under Sections 302, 307 read with Section 34 of the Indian Penal Code ( in short the IPC) at Police Station Bhikhiwind.
(2.) BRIEFLY stated that Shamsher Singh accused filed application for grant of bail before, Judicial Magistrate Ist class, Tarn Taran alleging that he is juvenile as his date of birth is 25.10.1992 whereas the occurrence relates to 1.8.2010. He has taken a stand that his date of birth mentioned in the record is 25.10.1992 and the date of birth recorded in the matriculation certificate, ration card and school record is 25.10.1992, so on that day he was juvenile. The Principal Magistrate, Juvenile Justice Board, Tarn Taran by invoking the provisions of Rule 12 of the Juvenile Justice ( Care and Protection of Children ) Act, 2000 released Shamsher Singh on bail. The complainant moved an application for cancellation of the bail order dated 23.9.2010, alleging that Shamsher Singh has placed on record his birth certificate as 25.10.1992 but his actual date of birth is 17.3.1989, as per birth certificate and his birth was entered at Serial No.21 on 30.3.1989 and Shamsher Singh was 21 years four months and fourteen days on the date of occurrence. He has forged the copy of the ration card. Shamsher Singh has one sister and one elder brother namely Nishan Singh. Thereafter, Shamsher Singh has taken birth and Kawaljit Kaur is the youngest. As per birth certificate, his date of birth is 17.3.1989. Shamsher Singh has obtained the order of bail and declaring him juvenile by misrepresenting the facts and has committed forgery on the court.
(3.) THAT application was stoutly resisted by the present petitioner before the Juvenile Justice Board.