Birju vs State of Haryana

Sat Pal, J.

This petition has been filed by the petitioner under Section 439 of the Code of Criminal Procedure seeking bail pending trial in the case F.I.R. No. 93 dated 29.6.1995 registered at police Station Ding District Sirsa under Sections 30/34 of the Indian Penal Code.

Notice of this petition was issued to Advocate General, Haryana on 19.9.1995.

I have heard the learned counsel for the parties. Mr. Rakkar, the learned Senior Counsel, appearing on behalf of the petitioner submits that the petitioner is below age of 16 years and he is entitled to be released on bail under Section 18(1) Juvenile Justice Act. In support of his submissions, he drawn my attention to the certified copies of the orders dated 22.9.1995 and 27.9.1995 passed by the learned Judicial Magistrate I Class, Sirsa. In the order dated 22.9.1995, the learned Magistrate has clearly stated that the accused Birju is below the age of 16 years. In support of his submissions, the learned counsel has also relied on the two judgments of Delhi High Court in Navin Panwar alias Neetu v. The State, 1994(3) Recent CR 577 and Mohammed Elias v. The State, 1994(1) SCC 10.

Keeping in view the submissions made by the learned counsel for the petitioner and the two judgments referred to hereinabove, I am of the opinion that it is a fit case for grant of bail to the petitioner. Accordingly, I direct that the petitioner shall be released on bail on his furnishing a bail bond in the sum of Rs. 20,000/ with two sureties of the like amounts to the satisfaction of Juvenile Court/Chief Judicial Magistrate, Sirsa. It is further directed that the petitioner shall not leave the territorial jurisdiction of District Sirsa without the permission of the Court except that he is permitted to attend the proceedings of the case in the Court at Hissar.

With this order, the petition stands disposed of.