LOVEPREET SINGH @ LOVEDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) (Oral) - Petitioner Lovepreet Singh @ Lovedeep Singh, who is presently lodged in Observation Home, Hoshiarpur, has filed the present revision petition against the judgment dated 17.8.2016 passed by learned Additional Sessions Judge, Amritsar, whereby his criminal appeal against the judgment dated 26.7.2016 passed by the Principal Magistrate, Juvenile Justice Board, Amritsar was dismissed.

(2.) The petitioner, who is claiming to be a juvenile had filed an application seeking bail in FIR No.81 dated 1.7.2016, under Sections 307, 323, 506, 148 and 149 Penal Code and Sec. 25 of the Arms Act, registered at Police Station Lopoke, Amritsar before the Principal Magistrate, Juvenile Justice Board, Amritsar, however said application was dismissed with the observation that the petitioner was a member of unlawful assembly and is guilty to the equal extent as per section 149 Penal Code having common object. Further there is a danger that the juvenile might come into contant with the remaining accused who are yet to be arrested. Even the learned Additional Sessions Judge has reiterated the said observation vide judgment dated 17.08.2016 that in case the petitioner is released on bail he would come into contact with the remaining accused who are yet to be arrested.

(3.) Learned counsel for the petitioner states that there is no allegation against the petitioner, which may attribute him the injuries punishable under Sec. 307 Penal Code. The only ground raised by learned Magistrate was that the petitioner was a member of unlawful assembly and, therefore, held guilty of offence to the equal extent under Sec. 149 Penal Code for having common object. He further states that the very object on which the petitioner has been declined bail that petitioner being juvenile may come into contact with the remaining accused, is not sustainable when there is no such material before the Court below. The petitioner is stated to be a student.