PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application is for grant of pre-arrest bail u/s. 438 Cr.P.C. The petitioner is required in Crime No. 79/92 registered at Police Station-Karauli under Sec. 3(xii) of the Schedules Casts & Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The only contention of the learned counsel for the petitioner is that the petitioner was a lad of 14 years at the time of incident as his date of birth is 1.7.1978. According to the learned counsel, the petitioner is a Juvenile within the provisions of Juvenile Justice Act, 1986, as such, he should be given the benefit of pre-arrest bail.

(3.) Keeping in view the provisions of Sec. 18 of the SC & ST (Prevention of Atrocities) Act, no order for pre-arrest bail can be passed by this Court. However, whenever, it is brought to the notice of the investigating agency that the offender is juvenile, then, it is his duty to make an inquiry for the determination of his age. If, on inquiry, the investigating agency is satisfied that the offender is a juvenile one, then, he should proceed under the provisions of Juvenile Justice Act, 1986.