GURWINDER SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THIS petition is directed against order dated 12. 7. 2006, whereby additional Sessions Judge, Patiala, has dismissed the application for bail filed by the petitioner. The prayer for ball has been made on the ground that the petitioner was a juvenile as provided under the Juvenile Justice (Care and Protection of Childrer) Act, 2000 (for short 'the Act') on the date of commission of the alleged offence.

(2.) THE contention of the learned counsel for the petitioner is that sufficient material has been placed on record by the petitioner to indicate that he was a juvenile where-against the respondent-CBI has not produced any evidence to indicate otherwise and, therefore, the petitioner ought to have been declared a juvenile and granted ball.

(3.) CONTENTION of the learned counsel for the petitioner also is that under Section 49 of the Act, an inquiry is required to be conducted. In the case in hand, the onus has been shifted to the petitioner, which is not permissible in law and no inquiry has been conducted, therefore, prejudice has been caused to the petitioner, who was a juvenile on the date of commission of the alleged offence.