FARHAT HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The only ground urged by the learned counsel for the petitioner, which ground was also urged before the learned Sessions Judge, is that the accused petitioner not only on the day of occurrence but even today is aged about less than 16 years. Learned counsel is support of his contention has shown to this Court the T.C. form transfer from a govt. school from which it appears that the date of birth of accused petitioner is 12.7.1974. The incident took place on 9.10.1989 and, therefore, the accused petitioner obviously does not appear prima-facie to have attained the age of 15 years on the day of occurrence and as such a child and it may be that in case the Court to satisfied he may have to be tried by the children Court. Learned Sessions Judge if (illegible) placed reliance on what has been stated by police that the age of the accused is 18 years and did not place reliance on any of the school record.

(2.) I hereby allow this application and direct that in the event of arrest of the accused petitioner Farhat Hussain s/o Rahat Hussain, in F.I.R. No. 257/89 P.S. Todabhim (but in the application wrongly mentioned as Hindon) the SHO/IO shall release the accused petitioner on bail on his furnishing a personal bond in the sum of Rs 5,000.00 of his guardian (he being minor) with one surety in this like amount to the satisfaction of S.H.O. I.O., undertaking to appear before him for interrogation/investigation as and when called upon to do so and further undertaking not to temper with any of such persons who are conversant with the facts of the case. Bail Application allowed.