GURMEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under section 439(2) of the Code of Criminal Procedure (for short the Code) seeking cancellation of bail granted to Bikkar Singh son of Tara Singh, respondent No. 2 in Criminal Misc. No. 13626-M of 1995 by order dated 8.9.1995, in FIR No. 145 dated 29.9.1994 registered at Police Station Zira for offence under sections 302/148/149/450/452 of the Indian Penal Code.

(2.) THE brief facts necessary for the disposal of this petition are that Mukhtiar Singh (now deceased) alongwith his two brothers Kashmir Singh and Balwinder Singh and his brother-in-law Ajit Singh was convicted for committing the murder of one Surta Singh Sarpanch and was undergoing sentence in Nabha Jail. He had come on parole for fifteen days about 7/8 days prior to the day of the occurrence. According to the allegations contained in the First Information Report in question, the respondent No. 2 alongwith Jagmohan Singh and Dibban Singh sons of Surta Singh (referred to above), Binder Singh and Chhinder Singh sons of Niranjan Singh, Sona Singh and Chhana Singh duly armed with deadly and lethal weapons committed the murder of aforesaid Mukhtiar Singh on 29.9.1994 at about 10 A.M. in village Daulewala, Police Station Zira. First Information Report was recorded on the statement of Gurmej Singh, the brother of the deceased. All the accused were arrested. Bikkar Singh- respondent No. 2 herein, one of the said accused, moved Criminal Misc. No. 13626-M of 1995 seeking bail on the ground that he was 14 years of age on the date of the alleged commission of the offence. This petition was disposed of vide order dated 8.9.1995 which reads as under:-

(3.) NOTICE was issued to the respondent. No reply in writing has been filed either by the State or by respondent No. 2. During the course of the hearing of this petition, the original record regarding the birth entry of respondent No. 2 was summoned from the office of Civil Surgeon, Ferozepur. The said record was produced on 28.2.1996 by the Junior Statistical Assistant. At serial No. 12 of this record, there is an entry regarding the birth of one male child Bikkar Singh whose father's name is recorded as Tara Singh and mother's name as Kartar Kaur. However, the learned counsel for respondent No. 2 urged at the Bar that there is no presumption in law that this entry relates to respondent No. 2 and none else. To resolve the said controversy and particularly keeping in view the provisions of Section 32 of the Juvenile Justice Act, 1986, the trial court was directed to make an enquiry as to age of respondent No. 2 on the date of the commission of the offence in question. After affording opportunity to the complainant, the prosecution and respondent No. 2 and after recording the evidence of the parties, the Additional Sessions Judge, Ferozepur has submitted a report that age of respondent No. 2 on the date of the commission of the offence in question was 18 years 6 months and 12 days. In other words, it was found that the Date of Birth of respondent No. 2 is 17.3.1976 as recorded in the Birth record (Annexure P-2).