OM PARKASH Vs. PUNEET KUMAR SHARMA ALIAS RAJA

JUDGEMENT

(1.) THIS is a petition filed under Section 439(2) of the Code of Criminal Procedure for cancellation of bail of respondent No. 1 granted by the Additional Sessions Judge, Gurdaspur vide his order dated 8.12.1997 in F.I.R No. 221 dated 5.11.1997 registered under Section 302 read with Section 34 IPC Police Station Sadar, Gurdaspur. It has been argued by the learned counsel for the petitioner-complainant that the learned Additional Sessions Judge has relied on the school leaving certificate in which the date of birth of respondent No. 1 is mentioned as 14.5.1982. In fact as per entry in the Births and Deaths Register maintained by the Additional District Registrar, Births and Deaths, Gurdaspur, the date of birth of respondent No. 1 is 22.5.1981 and on that account on the date of occurrence respondent No.1 was of about 16 & half years and as such was not juvenile. Be that as it may, the question is that whether respondent No. 1 at the time of occurrence was juvenile or not. It is a matter of fact which has to be gone into at the stage of trial. There is no allegation against respondent No. 1 that while on bail he has mis-used the concession of bail granted to him or that he has attempted to tamper with the prosecution evidence in any manner. Even bit of apprehension has not been shown that during the trial the respondent No. 1 would not be available to the Court. In these circumstances once the bail has been granted to respondent No. 1 in the absence of well-founded reasons the cancellation of bail would not be in the interest of justice. The petition is, therefore, dismissed. Petition dismissed.