SALEEM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD and perused the case diary. The theft was committed in a temple and certain silver utensils and ornaments of the idols were stolen there from during the night of 1-8-1999. The applicant is alleged to have been found in possession of some of the stolen property on 19-9-1999. It was submitted that the applicant was a minor aged about 14 years of age and that in view of the approach adopted by this Court in the case of Shokat Ali v. State of Rajasthan1 the applicant should be released on bail with some directions to the Investigating Officer and the Juvenile Court. In support of his claim for being minor the applicant has relied upon the copy of the ration card, issued in the name of his father and wherein the age of the accused applicant has been mentioned as 10 years only. The ration card appears to have been prepared on. 9-5-1995. The learned Public Prosecutor, however, submitted that in the arrest memo the age of the applicant has been mentioned at 20 years.

(2.) LOOKING to the prima facie evidence brought on the record of the case of the applicant Saleem S/o. Dharma, accused in FIR No. 311/99 P /5. Neem Ka Thana, is directed to be released on bail on his guardians furnishing personal bond in the amount of Rs. 10.000/ - with two sureties in the amount of Rs. 5,000/- each to the satisfaction of the Court concerned. The learned Chief Judicial Magistrate is directed to hold an enquiry into the correct age of the applicant. In case, he finds that the applicant was above 16 years of age at the time of commission in the present case, he shall make a report to the Court requiring the applicant at the same time to appear before this Court on a date to be fixed by the learned Chief Judicial Magistrate. Application allowed.